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HomeMy WebLinkAboutCC 1923-11-27 MinutesCITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON November 27, 1923 PREPARED aY TH. OFFICE OF THE CITY ARK CITY HALL November 27th, 1923. i1 4 MINUTES 0P THE MEETING OF THE BOARD OF COMMISSIONERS OF THIS CITY OF MIAMI, !LORIDA. On the a7th day of November, A. D. 1923, the Commission of the City of Miami, Florida, met in regular session at the City Hall. The meeting was oalled to order at 9;00 o'olook a. m., by Chairman Romfh and on roll pall the following members were present; E. C. Romfh, J. E. Lummus, J. I. Wilson, J. H. Gilman, C. D. Leffler. ABSENT: None. READING OF MINUTES OF LAST MEETING TheClerk read the minutes of the meeting of November 20th whioh were approved and ao- oepted as written. CONTRACT WITH HIGHLEYMAN AND MAXWELL FOR ELSER PIER PROPERTY The City Attorney submitted to the Commission written oommuniaation under date of November 26th, 1923, in referenoe to the oontraot of the City with L.T. Highleyman and Fred W. Maxwell for the purohase of the Elser Pier P.Qperty. After being read, on motion of Mr. Wilson, seoonded by Mr. Iummus,the said oommunioation was ordered filed and the olerk direoted to oopy same upon the minutes of the meeting; The City Commission, Miami, Florida. RE: Gentlemen; MISER PIER. November 26, 1923. At your last meeting you requested me to give you a written opinion as to the legal rights of the City under the oontraot made be- tween Fred W. Maxwell and L. T. Highleyman and. The City of Miami, for the purohase of the property known as Elser Pier, for $176,000.00, and it might be well to raoite all the facts in relation to the Water Front. On March 16, 1920, there was submitted to the voters the ques- tion of whether 41,500,000.00 bonde should be issued "for the purpose of aoquiring by right of eminent domain, or otherwise, and for oonatruo- tion of sea wall, making fill, and otherwiea improving and developing for park and street and municipal building sites" the land described as being bounded on the North by the South boundary line of Eighth Street, if extended to the Channel of Biscayne Bay; on the East by the Channel of Biscayne Bay; on the South by the South boundary line of Fourteenth Street, if extended to the Channel of Biscayne Bay; and on the West by the East boundary line of the Boulevard, together with all riparian rights, submerged and filled lands, buildings, docks, wharves, fran- ohises, leases and any other rights or easements thereurito belonging or in any wise appertaining, and the voters approved the issuance of the bonds. On March 20th, 1923, an eleotion was held for the purpose, among other things, of issuing bonds of The City of Miami, not exceed- ing $1,000,000 "For the purpose of acquiring and improving lands for pu- blic park purposes". On April 9th, 1920, the City Council passed and adopted Re- solution , 1449, accepting the offer to sell Elser Pier to the City of Miami, for 4175,000, that resolution being as follows; "RESOLUTION NO. 1449. A RESOLUTION ACCEPTING OFFER TO SELL BLSER PIER TO CITY OF MIAMi, FOR 4175,000.00. WHEREAS, the City of Miami has heretofore by bond election duly oarried, voted to issue $1,500,000.00 bonds for the purpose of purchas- ing the Bay Front lying between the North line of Eighth Street and the South line of Fourteenth Street, and between the Boulevard and the Channel of the Biscayne Bay for various municipal purposes in acid bond election set forth; and WHEREAS, that certain property lying at the foot of Twelfth Street known as Elser Pier forms and constitutes part of the property sought to be acquired by The City of Miami under said bond election; and WHEREAS, Messrs. L. T. Highlyeman and Fred W. Maxwell have made the following offer to The City of Miami to sell said Elser Pier to The City of Miami, for the sum of 4175,000.00: Hon. W. P. Smith, Mayor, Miami, Florida. Dear Sir: "April let, 1920, In view of the fact that The City of Miami ie oontemplating oondemnation proceedings against the Bay Front, inoluding Eller Pier, and in view of the faot that it would be an expensive prooedure, I will submit you a proposition to purchase the Elser Pier property with the idea that you and the City Counoil will treat with me and my asso- ciates in as fair and honorable a way as possible by making a direot purchase instead of condemnation. The property has an earning capacity of about forty-three thousand dollars gross, based on the last years receipts, whioh will materially increase in the Doming year by the renting out of the front upper spew) to a restaurant, on whioh we have an offer of forty-five hundred dollars at the present time. After taking out the ezpensoa of operation it leaves a net inoome of approximately twenty thouann d dollars, or more. On this basis the property today, at eight percent, MEMINIONEiNWuENiNNIM!NIMM1.111 Z'ovember 27th, 1923. is worth two hundred and fifty thousand dollars, with enormous pos- sibilities of increase in the future. We have seen a number of real estate men who appraise the property as high as two hundred fifty thousand dollars, but rather than go into expensive litigation and oasts, we have deoided to sub- mit an offer for the sale of this property to the City of Miami for One Hundred Seventy-five thousand dollars, this offer being made without prejudice for any future action in case you do not see fit to aocept it. If this meets with the approval of yourself and the City Counoil and is accented at onoe we will consider the transaction as closed. We hope to reoeive an early answer. Respectfully yours, FRED W. MAXWELL', and WHEREAS, the said L. T. Highleyriian and Fred W. Maxwell have ag- reed to aooept $175,000.00 of said bonds in payment of said purchase; and WHEREAS, The City of Miami has had the said property appraised by ten real estate men whose appraisals show said offer to be reason- able and at about the general market value of said property when its inoome-bearing power is considered at 420,000.00 net per year; and WHEREAS, it is represented by the said L. T. Highleyman and Fred W.'Maxwell that said property has a present net income bearing power of 420,000.00 or more; and WHEREAS, it is deemed by the City Council that the appraised value of 4175,000.00, based upon such income -bearing power is reason- able and that it is to tie best interests and needs of the City of Miami that theaaid property be so purchased; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI: 1. That the offer of said Fred W. Maxwell to sell said Elser Pier for 4175,000.00 be, and the same is hereby, accepted. 2. That 45175,000.00 be paid in bonds of the City of Miami at 6'% issued under the bond election of the 16th day of March, 1920, of ,'"�1,500,000.00 bonds. 3. That the said bonds be delivered and the possession of the property taken upon the issuing of the bonds and the opinion of Ches- ter B. Meslich as to their validity and that the purohase price of 4175,000.00 is fixed as reasonable by reason the representations of the offerers indicating the property has a present income bearing pow- er of 420,000.00 per year, or more. PASSED AND ADOPTED this 9th day of April, 1920. ATTEST: W. B. MOORE City Clerk." J. F. CHAILLE Aoting President of Council. APPROVED: this 9th day of Apri1,1920. W. P. SMITE Mayor On June 18th, 1921, Resolution No. 1574 was passed and adopted by the City Council, cancelling, rescinding and repealing Resolution ' #1449, which said Resolution #1574, is as follows; RESOLUTION NO. 1574. A RESOLUTION CANCELLING, RESCINDING AND REPEALING RE- SOLUTION N0. 1449, OF THE CITY COUNCIL OF THE CITY OF MIAMI, FLORII1a:- WHEREAS, on April 9th, 1920, Resolution No. 1449 was passed, ao- oepting a proposition of L. T. Highleyman and Fred W. Maxwell, signed by the said Fred W. Maxwell, for sale of the Blear Pier property to the City of Miami; and WHEREAS, the resolution has been regarded as of doubtful meaning in its reference to the right of the City to deliver bonds in payment of the purchase price; and WHEREAS, said L. T. Highleyman and Bred W. Maxwell have express- ed their consent that the resolution be repealed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Miami, that Resolution No. 1449 passed April 9, 1920, be, and the same is hereby repealed. PASSED <;ND ADOPTED this 18th day of June, 1921. J. T. BLAOKMON president City Council APPROVED this 18th day of June. W. P. SMITH Mayor passed and adopted Reeolutiam . Highleyman and Fred W. Mai* Miami, for $175,000.00, in" follows: ATTEST: W. B. MOORE City Clerk On July 14, 1921, the City Council #1576, which aooepted the offer of L. T well, to sell Eleer pier to the Oity of Municipal. Bonds, which Resolution is as "RESOLUTION N0. 1576. - WHEREAS, the following proposition has been received from L. T. Highleyman and Fred W. Maxwell to purohaae 0175,000.00 Munioipal Im- provement Bonds of the City of Miami: l�f ami, Flor.tda, ' July 14th, 1921. To the Mayor and Council of the City of Miami, Florida. Gentlemen; November 27th, 1923. 443 ATTEST: W. B. M00RR City Clerk We hereby offer to purchase 175,000.00 MUn ioipal Improvement Bonds of the City of Miami, issued under Resolution No. 1468 passed May 28, 1920, and approved May 29, 1920, bearing interest at 6 per- oentum per annum and taking proportionate average maturities of the • entire issue, when delivered to us with the approving opinion of Chester B. Masslioh, Esquire, New York City, and to pay therefor the par value and interest accrued from the date of maturity of the last olipped ooupon. This offer is for early acceptance. Yours truly, L.T. HIGHLEYMAN FRED W. MAXWELL and WHEREAS, it ie believed to be to the best interests of Miami that said offer be acoepted, and it is believed er offer oan be obtained, this belief being based upon a sideration of the bond market at this time, NOW, THEREFORE, BE IT RESOLVED by the City Council of Miami that the offer of L. T. Highleyman and Fred W. purohase 4175,000.00 Municipal Improvement Bonds of the ami, be, and the same is hereby, acoepted. PASSED AND ADOPTED this 14th day of July, 1921. J. T. BLACKMON, President, City Council. APPROVED this 14th day of July, A.D.1921. W. P. SMITH Mayor This was paused by a 5/7 vote, the following five members of the Oity Council voting therefor; H. R. Chase, R. W. MoLendon, J. K. Fink, B. R. Hunter, J. T. Blackmon." On July 14, 1921, Highleyman and Maxwell offered to sell the Pier for $175,000.00 and on July 14, 1921, Resolution No. 1577, aooepting the offer of L. T.Highleyman and Fred W. Maxwell for the'sale of Eller pier property, was passed and adopted, and is as follows; " RESOLUTION NO. 1577. WHEREAS, FRED W. MAXWELL and L. sell to the City of Miami the proper and described in the written offer o LEYLSAN, which is as follows; To the Mayor and City Council of the City of Miami, Florida. Gentlemen; of the City that no high- oareful oon- of the City Maxwell to dlty of Mi- T. HIGHLAYMAN have offered to ty known as Eller Pier property f FRED W. MAXWELL and L. T. HIGH - "Miami, Florida, July 14, 1921. We hereby offer to sell and convey to the City of Miami, the property known as the Eller pier property, described as follows; All that part of the James Hagan Donation, in Section 37, Township 53 South, of Range 42 East, more partiou- larly described as follows; Beginning at a point on the East line of Biscayne Drive at the interseotion of the North line of 12th Street produced ast to the waters of Bisoayne Bay; thence run East along said north line of 12th Street produced to the waters of Biscayne Bay; thenoe running south mean- dering the waters of said Biscayne Bay to the South line of 12th Street produoed East to said eaters of Bisoayne Bay; thence run West along said South line of 12th Street, produced to the east line of said Bisoayne Drive; thence run north along the East line of said Biscayne Drive to the point or place of beginning; all of the said abo ve described property being more particularly exhibited on the map of the City of Miami, Florida, made by A. L. Knowlton, C. i ., and recorded in Plat Book B. at page 41, of the publio records of Dade County, Flor1-' da; together with all the riparian rights to the sub- merged land lying between the above desoribed land and the channel of Biscayne Bay; Together with all buildings, hereditaments, easements and appurtenances theraunto belonging or in any wise appertaining; eubjeot, however, to existing leases thereon which expire on January let, 1922, excepting lease to Dixie Transportation Company, which expires April let, 1942, and to deliver Warranty deeds for the same for the consideration of $ 175,000-, provided this offer is acoepted not later than July 14th, 1921. Respeotfully yours, (Signed) FRED W. MAXWELL L. T. HIGHLEYMAN ' ". WHEREAS, the said offer is believed to be to the beat interests of the oitizens of Miami; and WHEREAS, the City of Miami has had the said property appraised by ten (10) real estate men whose appraisals show said offer to be reasonable and to be a price which does not exceed the general mar- ket value of the property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Miami that said offer of FRED W. MAXWELL and L. T. HIGHLEYMAN be, and the same is hereby, acoepted and the City Attorney is di- reoted immediately to prepare the necessary forms of conveyance. PASSED ALD ADOPTED this 14th day of July, A. D. 1921. November 27th, 1923. On June 21st, 1921, W. B. Moore, City Clerk of the City of Miami, notified 1♦. T. •Highleyman and Fred W. Maxwell in writing that the City had accepted their offer of sale of the Meer Pier property for the. Sum of $p175,000.0O, in a000rdanoe with their letter to the City Council of that date, said notioe being as follows: Mr. L. T. Highleyman, Miami, Florida. Dear Sir: Florida, June 21st, 1921. We hereby oertifyyou tha. the City Council of the City of Miami has aooepted your offer to the City of Miami that property known aS R1ser Pier for the sum of $176,000, in oash per your letter to the City Council of this date. Very truly yours, W. B. MOORE, City Clerk". On July 19th, 1921, the City Commission passed and adopted a reso- lution direoting the City Attorney to examine title to the property and to prepare the necessary forme of conveyance, that resolution reading in part, as follows: "RESOLUTION NO. 4. A RESOLUTION DIRECTING THE CITY ATTORNEY TO EXAMINE THE TITLE TO THE ELSER PIER PROPERTY AND TO PREPARE THE NECESSARY FORMS OF CONVEY- ANCE TO THE CITY. BE IT RESOLVED by the Commission of the City of Miami that the City Attorney be, and he is hereby, authorized and direoted to examine the title to the Elser pier property and, if found good, to prepare . the neoessary forme of conveyance to the City for the property, as out- lined in the Resolution passed and adopted by the City Council of the City of Miami on the 14th day of July, 1921; And if such title is found good, the proper offioera of the City of Miami be, and are here- by, authorized and direoted to sign the neoessary oonveyanoee." Thereafter, on August 9th, 1921, the Oity Attorney addressed a oom- munication to the City Commission,showing that Highleyman and Maxwell did net have good title to all the property, whioh oommunieation is as follows: "Commission of the City of Miami, Miami, Fla. Gentlemen: The offer of Fred Maxwell and L.T. Highleyman whioh was aooepted by the City Council by Resolution July 14th, 1921, for the Elser pier property contained a correct description of the property "Together with all the riparian rights to the submerged land lying between the above described land and the .channel of Biscayne Bay, together with all buildings, hereditaments, easements and appurtenances thereto belong- ing or in anywise appertaining", subjeot to the leases whioh expire January 1st and April let, 1922. The abstract furnished me shows that the right and title of Mr. Highleyman and Mr. Maxwell ie to the land and common law riparian rights and that the deed that has been plaoed in escrow by Mr. and Mrs. E1eer, who are the owners of the fee simple title conveys the land with the common law riparian rights and expressly excepts from the oonvey- anoe any statutory riparian rights. It would seem that Mr. Highleyman and Mr. Maxwell agreed to oon- vey to the City a greater interest than they have in the property and unless the city can secure a proper deed of conveyance of the Elser pier property, including all the riparian rights, whether common law or statutory, I oannot approve the title. Common law riparian rights would give a right of ingress and egress to and from the land over the waters or the bay and the common law riparian owners enjoy this right and that of unobstructed view over the waters, and in common with the public the right of navigation, bathing, and fishing, but the right to build wharves or piers into the water of the harbor andto fill up from the shore, and to build upon the land so filled, is not a common law riparian right but is a sta- tutory riparian right which is expressly exoluded from the deed of conveyance tendered by Mr. Elser to the City of Miami. And Mr. Highleyman has undertaken to oonvey to the City of Miami more than ltir. ,Slser agreed to oonvey, and as Mr. Elser will not oon- vey more than he has agreed to oonvey the acceptance of this deed by the City would result in part of the title being in the City of Miami, and part of the title in riser. Unless Mr. Highleyman oan make an arrangement with Mr. Blear where- by the City can secure a perfect title I see no relief except a con- demnation by the City for the purpose of eeouring the whole title. Very respectfully, A. J. ROSE, City Attorney", And thereupon the City Commission passed resolution No. 16, which is.: as follows: November, IT '"RESOLUTION NO. 16. IHSRaLS, the City Attorney hae reported in,a oommunioation to the dity Commission of the City of Miami, that the title to the 81.aer Pier property and the riparian rights thereto belong- ing is not perfect in L. T. Highleyman and F. W. Maxwell, who have agreed to convey said property to the City for the sum of $176,000.00; NOW, THEREEFORE, BE IT RESOLVED by the Commission of the City of Miami, that the said L. T. Highleyman and F. W. ?Maxwell be, and are hereby, given until August 16th, 1921, in whioh to perfect the said title and that 1f the said title be not pefeoted and ap- proved by the City Attorney, by that time that in suoh event the Oity Commission will take the necessary steps to condemn the said property for publio purposes." In pursuance of the last resolution above referred to, the City Attorney filed a petition on August 26th, 1921, for the purpose of condemning the pro- perty. Mathew Elver and Rose Elver, his wife, filed an answer to the pro- oeeding, claiming that they were the owners of the fee simple title, subject to oertain leases on the property, and L. T. Highleyman also filed an answer ola iming he was the owner of all of the property. On August 16th, 1921, L. T. Highleyman and Fred W. Maxwell filed their suit in the County of Dade, against Mathew Eller and Rose Eller, his wife, olaiming that they were the owners of all of the property. (This case No. 6173). In the bill of oomplaint of Mr. Highleyman and Mr. ;Maxwell against Mr. and Mts. Elver, they admit that they entered into an agreement with the City for the sale of the property for $175,000 and this bill of oomplaint is sworn to by Mr. Highleyman. Such proceedings were thereafter had in the suit of Highleyman against Eller that a final deoree was entered by the circuit court on the 24th of March, 1923, whereby it was deoreed that Highleyman was the owner of all the Elver Pier property, together with the riparian rights, subject to a mort- gage of $75,000 to Eller. This deoree is dated the 24th of Maroh, 1923, and the defendant, under the law, had six months in whioh to appeal therefrom; this six months' period expired September 24th, 1923, but on the 20th day of April, 1923, the parties to the suit entered into a stipulation that no ap- peal would be taken by either party to that suit. After the institution of the suit of Highleyman against ELser no fur- ther proceedings were had in the condemnation suit, the City Commission hav- ing inatruoted the City Attorney to take no further steps therein until he had further instructions from the City. The foregoing is a brief history of the Water Front in respect to the issuance of bonds and the negotiations and litigation respecting the Elver pier property. Consideration: It has been urged that there was no oonsideration for the execution of the oontraot between Highleyman and Maxwell and The City of Miami, but un- der the law the promise of one of the parties, in a oontraat between two or more, no other oonsideration is necessary than the promise of the other. For where there are mutual promises, one is the ooneideration for the other, and. the promisee may be expressed in two separate agreements. This rule of law is well settled. Effect of subsequent power to give title: The law seems to -be well settled that equity may enforoe apeoifio per, formanoe of a contract for the sale of lands, although the vendor may have had no title at the time of sale, or ev(:n at the time of filing the bill, if he can make a good title at the time of the deoree. Delay: It seems also to be well settled that a defendant vendor cannot set up the vendee's delay in making payment or tendering payment where suoh delay is due to the vendee's inability to make title, and the vendor has been at all times ready and willing to oarnplete, the vendor not having repudiated or rescinded the contraot. Change of Value: The general rule is that the faot that the value pf pro.perty, which is the subject of a contract, has increased or deoreased since the contract was executed, will not ordinarily warrant a refusal to oarry out its terms, in the absence of oiroumstanoea indioating fraud or bad faith, and the courts of ohanpery have lent their aid in the enforcement of contract Which was fair when it vale made, although the value of the rights thereby secured have increased considerably einoe the oontraot was made. If the City should deoide to institute suit for the apeoifio perfor- manoe of the oontraat, I reoommend that at or before the filing of the bill or complaint a tender of the 4175,000 be made to Mr. Highleyman, who has become the owner of the property by reason of litigation with 1;r. Elver, and that if he refuses such a tender, this sum of money be paid into court for his use. Respeotfully submitted, A. J. ROSE City Attorney AUTHORIZING INSTITUTION OF SUIT TO ENFORCE HIGHLEYMAN CONTRACT A resolution authorizing the City Attorney to institute suit for the purpose of oarry- ing out the contract between the City and L. T. Highleyman and Fred W. Maxwell for the conveyance of the property known as Elser Pier for the sum of V175,000, appropriating the sum of 0175,000 for the purpose of making said payment under the terms set forth in the reeolution, was introduoed by Mr. Lummus; NOVOMb &7, 1923. RESOLUTION N0. 1121. A RESOLUTION AUTHORIZING THE OITY ATTORNEY TO INSTITUTE SUIT FOR THE PURPOSE OF CARRYING OUT THE CONTRACT BETW TES OITY OF MIAMI AND L. T. HIGHLEYMAN AND FRED W. MAXWEtt FOR THE CONVEYANCE OF THE PROPERTY KNOWN AS SLUR PIER FOR THE SUM OF 0175,000.00; APIR OPRIATING THE SAID SUM OF 0175,000.00 FROM THE PARK BOND FUND FOR THE PURPOSE OF MAKING SAID PAYMENT; AND DIRECTING THE CITY MANAGE AND DIRECTOR OF FINANCE, OR EITHER OF THEM, TO MAKE A TENDER OF SAID $175, 000.00 TO SAID L. T. HIGHLEYIIAN AND DEMAND A CONVEYANCE OF SAID ELSER PIER PROPERTY UNDER PROPER DOS- ORIPTION AND REQUIRING ANY DEED TENDERED THE CITY IN PUR- SUANCE OF SAID TENDER TO BE APPROVED BY THE CITY ATTORNEY. BE IT RESOLVED by the Commission of the City of Miami: Seotion 1. That the City Attorney be, and he is hereby, author- ized and directed to institute auoh suit in the name of, and on behalf of the City of Miami, Florida, against the said L. T. Highleymand, and all other persons in interest, for the purpose of oarrying out the con- tract between the City of Miami and L. T. Highleyman and Fred W. Max- well for the conveyance of the property known as Elser pier, for the sum of 0175,000.00. Seotion 2. That the sum of 0175,000.00 be, and is hereby, appro- priated from the Park Bond Fund for the purpose of making said payment. Seotion 3. That the City Manager and the Direotor of Finanoe, or either of them, are hereby directed to make a tender of said 0175,000 to said L. T. Highleyman and demand a conveyance of said Elser Pier Pro- perty under proper description and any deed tendered the City in pur- suance of said tender to be approved by the City Attorney. Motion by Mr. Lummue, adopted. Roll palled mus, Wilson, Leffler, resolution passed and seconded by Mr. Wilson, that the said resolution be passed and the vote thereon was as follows; AYES: Messrs. Romfh, Gilman. NOES: None. Motion unanimously oarried and the adopted. ESTIMATES FOR BULK''ADING AND FILLING BAY FRONT PARK ORDERED SECURED A resolution authorizing and direoting the City Manager and the Direotor of Public Service to secure estimates for the driving of piles and oonatruotion of temporary sea wall upon the Bay Front of the City of Miami was offered by Mr. Leffler and is as follows: RESOLUTION NO. 1122. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND DIREC- TOR OF PUBLIC SERVICE TO SECURE 1STIMATES FOR THE DRIVING OF PILES AND CONSTRUCTION OF TEMPORARY au WALL UPON THE BAY FRONT OF THE CITY OF MIAMI. and Lum- said WHEREAS, in the opinion of the Commission of the City of Miami, it is proper to begin the construction of a sea wall and the driving of piles and filling in of the Bay Front of the City of Miami, NOW, THEi3EFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI: That the City Manager and the Director of Public Service arehereby di- reoted to promptly secure an estimate of the cost of the driving of piles and the oonstruotion of a temporary sea wall, together with oost of making a fill on that portion of the City Bay Park property north of and adjoining Elser Pier, and thenoe north to Sixth Street, and extending from the present upland eastward to the channel of the Bay, and as far as the City is author- ized to extend such fill by tha War Department of the United States Govern- ment. BE IT FURTHER RESOLVED that this estimate be promptly secured and re- port thereof made to the City Commission at the earliest possible moment. Motion by Mr. Leffler, seconded by Mr. Wilson, that the said resolution be passed and adopted. Rollcall ed and the vote was as follows: AYES: Messrs. Romfh,' Lummus, Wil- son, Leffler, Gilman. NOES: None. Motion unanimously oarried and the said resolution passed and adopted. PURCHASE OF PROPERTY IN BLOCK 40 SOUTH FROM BELLE G. BR ICKELL A resolution authorizing the purchase of oertain lots in Blook 40 Miami South from Belle G. Briokell was offered by Mr. Gilman and is as follows: RESOLUTION NO. 1123. A RESOLUTION AUTHORIZING THE PURCHASE OF LOTS 1, 2 AND 3, BLOCK 40 SOUTH, CITY OF MIAMI, ACCORDING TO KNOWLTON MAP, MADE BY A. L. KNOWLTON, C. E., RECORDED IN PLAT BOOK "B", AT PAGE 41 OF THE PU- BLIC RECORDS OF DADECOUNTY, FLORID, FOR THE SUM OF 023,000.00 ON TERMS SET FORTH IN THIS RESOLUTION. WHSRSAS, condemnation proceedings were instituted in the Circuit Court of Dade County, for the condemnation of the foregoing desoribed property,, and Belle G. Briokell, the owner of said property, has offered to sell the same to the City of Miami for the sum of 023,000.00, the City paying the sum of 04600. in cash, and 0_8,400.00 in deferred payments, payable in three equal annual instal"lementsas follows: 1 note of 06,133.34 payable on or before 1 year after date; 1 note of 06,133.33 payable on or, before 2 years after date; 1 note of 06,133.33 payable on or before 3 years after date; with interest at the rate of eight per oent per annum, the interest being, payable semi-annually, and to exeoute her oontraot to convey to the City up on the payment of the said sum of 04,600.00 in cash, Novemoer 47 if1®I®1 11111111101111111111111111111111111111 ■ 1111111 NOW, THBR1 F'ORB, BIB IT RESOLVED by the Commission of the City of Miami: That the said offer to sell the said property to the said City of Miami, for said purohase prioe, and on said terms, be, and the same ie hereby, aooepted. BE IT FURTHER RESOLVED that the sum of 4600.00 is here- by appropriated from the fund for the aoquis tion and widen- ing of streets for the purpose of paying the said first install- ment of 44600.00, and the Direotor of Finance is hereby author- ized to issue the City's warrant for said amount to the order of the said Belle G. Briokell. BE IT FURTHER RESOLVED that the oontraot and agreement for sale be axeouted by the said Belle G. Briokell and be aooepted by the said City of Miami on its approval by the City Attorney. Motion by Mr. Gilman, seconded by Mr and adopted. Roll palled and the vo Lummus, Wilson, Leffler, Gilman. N said resolution passed and adopted. . Leffler, that the said resolution be passed to thereon Ras as follows; AYES: Messrs. Romfh, OES: done. Motion carried unanimously and the PAYMENT FOR CONDEMNED 1ROPERTY FOR STREET PURPOSES A resolution authorizing the payment of 419,021.78 to pay the judgment awarded by the jury to the owners of the West 50 feet of the South 100 feet of Lots ten and eleven of Blook sixteen of Robbins, Graham & Chillingworth Addition, was introduo.. ed by Mr. Wilson: RESOLUTION NO. 1124. A RESOLUTION AUTHORIZING THE PAYMENT OF 419,021.78 TO PAY THE JUDGMENT AWARDED BY THE JURY TO THE OWNERS OF THE WEST 50 FEET OP THE SOUTH 100 FEET OF LOTS TEN AND ELEVEN OF BLOCK SIXTEEN OF ROBBINS, GRAHAM & CHILLINGV/ORTH ADDITION TO THE CITY OF MIAMI, LO- CATED ON THE NORTHEAST CORNER OF NORTE MLUII AVENUE AND FOURTEENTH STREET BEING ONE HUNDRED FEET ON NORTH MIAMI AVENUE AND FIFTY FEET ON FOURTEENTH STREET. . WHEREAS, in the suit of the City of Miami for the condemnation of property described in the title of this resolution the jury award- ed the owners of the property as compensation therefor, the sum of eighteen thousand dollars (418,000.00), and for attorney's fees, the BUM of one thousand dollars (41,000.00), and the oosts of the court, amounting to the sum of twenty-one dollars and seventy-eight cents' (421.78), and WHEREAS, the C ity desires to pay the said judgment and appro- priate the said property for public) purposes, NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami, that the sum of 419,041.78 be, and the same is hereby, appro- priated from the fund for the purpose of opening and widening of streets, for the payment of the said judgment. BE IT FURTHER RESOLVED that the Direotor of Finance be, and he is hereby, authorized to issue warrant for 419,021.78, payable to the order of Ben Shepard, Clerk of the Circuit Court, and deliver the same to A. J. Rose, City Attorney, for payment into oourt of said amount, as required by law. r; a Motion by Mr. Wilson, seconded by Mr. Lu.nmus, that the said resolution be passed and adopted. Roll called and the vote thereon was as follows: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES; Nohe. Motion carried unanimously and the said resolution passed and adopted. AUTHORIZING SERIES "V" I1iPROVEM I T BONDS 4117,000.00 PAR VALUE A resolution providing for the issuance of Improvement Bonds Series "V" was offer• ed by mr. . Gilman and is as follows: RESOLUTION NO. 1125. A RESOLUTION PROVIDING FOR THE ISSUANCE OF IMPROVEMENT BONDS, SERIES "V". WHEREAS, a certain storm sewer improvement and oertain sa riitary sewer improvements have been ordered by resolutions duly passed by the City Commission under Section 56 of the Charter, and such resolutions -.have been duly confirmed by the City Commission after advertisement • published in accordance with the City Charter, and after due estimates made by the City Manager of the cost of such tmprovemente and of the incidental expenses thereunto appertaining; and WHEREAS, oontraoto have been duly let after due publio advertise- ment, for the construction of the said improvements; and WHEREAS, the said storm sewer improvement is designated storm sew- er improvement 60-A, and was authorized by resolution No. 799, 010,700. 04 having been so estimated by the City Manager as the amount of inci- dental expenses in connection therewith, and 467,559.96, being the amount of the contract prioe for construction of a portion of the work; and WHEREAS, no special assessment of any of the cost of said sani- tary sewers has been made upon abutting property, and the Commission has carefully estimated the amount of the cost of eaoh thereof whioh will be so speoially assessed, basing suoh estimates upon the oontraot prides and the estimates so made by the City Manager of the amounts of incidental expenses, taking into consideration the rules set up by the Charter for apportionment of costs between the City and the property owners; and WHEREAS, the following diagram contains a true statement in its several columns of the following facts oonoerning said sanitary sewer improvements: r419 .VuavVi WI filf.v• 0olumn 1. The identifying number assigned to each improve- ment. Column 2. The number of the resolution ordering eaoh im- provement. Column 3. The estimate so made by the Commission of the am- ount of the oost of eaoh improvement which is to be apeoially assessed. improvement Resolution Estimated Assessments 61 827 #7,746.28 62 828 6,810.76 83 829 1,093.68 64 830 6,376,89 65 831 9,337.22 66 832 .• 6, 684.42 67 833 21,657.24 68 834 • 989.45 69 835 87.55 70 836 1,280.96 71 837 521.86 72 838 519.57 73 839 2,370.45 74 840 8,376.50 76 841 11,324.14 76 842 6,665.40 77 843 1,190.44 78 844 1,661.09 79 845 7, 330.69t and wHEREA.8, prior to the confirmation of eaoh of the said resblu- tions providing for sanitary sewer improvements, the City Manager duly oertified to the Commission in writing, that funds were in the City Treasury applicable to and suffioient for the payment of the City's share of the cost of such sanitary sewer improvement; and WHEREAS, it is deemed necessary to issue immediately to bonds of the City to pay the cost of said storm sewer improvement and a portion of the cost of each of said sanitary sewer improvements; NOW, THEREFORE, BE IT RESOLVED BY THE COM1ISSION OF T HF, CITY OF MIAMII ,Seotion 1. That in order to pay the oost of said storm sewer improvement for which a oontraot has been made as hereinabove stat- ed, including incidental expenses and to pay a part of the coat of the said sanitary sewer improvements, including incidental expenses, btt not to pay any greater part of the cost of any of said sanita- ry sewer improvements than the estimated amount to be assessed ag- ainst abutting property, as above states, there shall be issued the negotiable coupon bombe of the City of Miami in the aggregate amount of 177,000.00, par value, the proceeds of which shall be applied to the payment of such costs, or to the reimbursement of City funds from which a portion of said costs shall have been paid, in such proportion to each of said improvements as the contract prioe for said storm sewer improvement and incidental expenses, in the case of the storm sewer improvement, and such estimated amount to be specially assessed for each of said sanitary sewer improve- ments, in the case of sanitary sewer improvements, bears to the amount to be realized from the sale of said bonds excluding any aoorued interest upon said bonds received by the City. Section 2. That said bonds shall be designated "Improve- ment Bonds, Series "V" and shall bedated January 1, 1924, and shall consist of 177 bonds of 1,000 each, numbered. from 2803 to 2979, both inclusive, and bear interest at five per oentum per annum, payable semi-annually on the first days of July and January of each year upon the presentation of coupons to be attached to said bonds, both principal and interest to be payable in gold coin of the United ;states of the present standard of weight and fineness at the United States Mortgage & Trust Company, in the City of Dew York. Section 3. That the said bonds shall mature, without option of prior payment, on January 1, annually as follows: 48,000.00 - 1926, 08,000.00 - 1927, 48,000.00 - 1928, 8,000.00 - 1929, 6,000.00 - 1930, 8,000.00 - 1931, 7,000.00 - 1932, 6,000.00 - 1933, 116,000.00 - 1934, in numerical order, lowest numbers first. Section 4. That said bonds shall be signed by the Mayor and City Clerk, and attested by the Director of Finance, and sealed with the City Seal, and the coupons annexed thereto shall be signed by said Clerk, whose signature may be in facsimile; and. the form of said bonds shall be substantially that provided by resolution No. 941, passed August 21, 1923. Section 5. That the principal and interest of all special assessments which shall be levied for the storm sewer improve- ment and sanitary sewer improvements hereinabove referred to, shall be planed in the fund known as "Improvement Fund No. 19", oreated by resolution Do. 940, passed August 21, 1923, and shall,,. be used only for the purposes for which the said Improvement Fund Do. 19 was created. Section 6. That notwithstanding the foregoing provisions for the segregation of special assessments for the payment of the bonds herein; autuorized and other improvement bonds and the interest thereof, the principal and interest of the bonds here- in authorized shall be payable from a general tax to be levied upon all the taxable property in the City of iiiami, suffioient in amount to meet the payment of the principal and interest thereof as the earn shall fall due as provided by 3eotion 56 of the Charter now in force, and such levy shall be made in eaoh 1 November'`,. 1 rear while the bonds herein authorized shall be outstanding. 8eotion 7. That the Director of Finanoe is authorized to ne- gotiate for the sale of said bonds without public ad.vextisement, subjeot to the confirmation thereof, by the requisite vote of the Oity Commission. Motion by W. Gilman, seconded by Mr. Wilson, that the said resolution be passed and Adopted. On roll call the vote thereon was as follows; AXES; Messrs. Romih, Lum- mus, Wilson, Leffler, Gilman. NOES; None. Motion unanimously oarried and the said resolution passed and adopted. WIDENING S. W. 211D AVENUE - DEAL WITH CUSHMAN REPORT OF ASSISTANT TO CITY ATTORNEY The Assistant to the City Attorney submitted oomnnznioation addressed to the Commission under date of November 21st, 1923, in reference to closing the transaction with A. J. Cushman, owner of oertain property on.S. W. Seoond Avenue purohased by the City for widening that Avenue. After being.read the communication, was on motion duly made and seoonded, ordered filed and the clerk direoted to oopy same upon the minutes; Miami, Florida, November 21, 192.3. The City Commission, City of Miami, Florida.. In re: Widening of Southwest Second Avenue. Gentlemen: The deal with Mr. A. J. Cushman has been olosed, and the City of Miami is now the owner of: The Bast 6 feet of the North 100 feet of Lot 1, Block 138 North, City of Miami, Florida, accord- ing to plat thereof reoorded in Plat Book "A", at page 54, of the public Reoords of Dade County, Florida. This land was purchased by the city for the purpose o'f widen- ing Southwest Second Avenue. The Warranty Deed to this piece of land is now being recorded in the clerk's office, and when reoorded and the re- oord verified, will then become a part of the files in the office of the Director of Finance. Very truly yours, J. W. WATSON, Jr. Asst. to the City Attorney. PURCHASE OF PROPERTY FROM LeBLOND & ORR ON S. W. SECOND AVENUE A resolution authorizing and directing the purchase of the property known as the Le- Biond and Orr property, which property is described in the resolution, and provid- ing for the sum of 4100,000 to be paid therefor on the terms and conditions set forth in the resolution, was offered by Mr. Lefler and is as follows; RESOLUTION N0. 1126. A RESOLUTION AUTHORIZING AITD DIRECTING THE PURCHASE OF THE PRO- PERTY KNOWN AS THE LE BLOND AND ORR PROPERTY, WHICH SAID PROPER- TY IS HEREINAFTER DESCRIBED, PROVIDING FOR TEE SUM OF 4100,000 TO BE PAID THERETOR, ON THE TERMS AND CONDITIONS SET FORTH I. THIS RESOLUTION. WHEREAS, the City Commission of the City of Miami, Florida, deem it. necessary to aoquire the property described as follows; Beginning at a point in the prolongation of the South line of S. }7. 4th Street, as shown by the plat of the LeBlond and Orr Subdivision recorded at page 1 of Plat Book 9, of the Publio Records of Dade County, Florida, one hundred forty (140) feet Easterly from the East line of S. W. Se- cond Avenue, according to said plat, and one hundred fifty (150) feet'Easterly from the East line of Avenue "G", ac- cording to Knowlton's Map of the City of Miami, said point of beginning being the Northeast Corner of the tract marked "City of Miami", on said plat of the LeBlond and Orr Subdi- - visioh; Thence continue North eighty-eight degrees, three minutes and thirty-five seconds (88 3'35")cast, along said prolong- ation of the South'line of S. W. 4th Street, for a distance of two hundred (200) feet, to a point in the East line of said LeBlond and orr Subdivision; Thence South one degree fifty-four minutes and twenty-five seconds (1054'25") East, along said East line of the Le - Blond and orr Subdivision, for a distance of five hundred ninety-three and ninety-five one hundredths (593.95) feet to a point in the United States Harbor Line along the North side of the I;iiami River; Thence North eighty-five degrees, seven minutes and thirty- four seconds (85007'34") west, along said Harbor Line for a distance of forty and twelve one hundredths (40.12) feet, to an angle in said Harbor Line; Thence North eighty-four degrees, seven minutes and forty- four seconds (84007'44") West, along said Harbor Line, for a distance of one hundred fifty and ninety-four one hun- dredths (150.94) feet, to an angle in said Harbor Line;' Theme North sixty-six degrees, forty minutes and fifteen Seconds (66°40'15") West, along said Harbor Line, for a distanoe of ten and seventy-three one hundredths (10.73) feet, to the 'East line of the traot marked "City of Miami",, on the said plat of the LeBlond and Orr Subdivision; Thence North one degree, fifty-four minutes and twenty- ' five seconds (1054'25") West, along said East line of said tract marked "City of Miami", for a distance of five hun- dred sixty-four and twenty-six one hundredths (564.26) feet, to the point of beginning. and WHEREAS, the LeBlond and Orr Company has offered to sell to the .City of Miami, Florida, the above described property, on the following terms; Five thousand dollars (05,000.00) in cash and ninety-five thousand dollars (095,000.00) on or before ten (10) years, with in- terest at the rate of six per pent per annum, interest being payable semi-annually, and the said balance of 095,000 may be paid with City of Miami 5% Municipal Bonds, at par. NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami, that the said offer of the LeBlond and Orr Company to °ell the said property to The Oity offaiami, for the said above mentioned pur- chase prioe, and on said terms, be, and the same is hereby, accepted. BE I'T FURTHER RESOLVED that the City Manager be, and he Le here- by, authorized and direoted to execute the note and mortgage on be- half of the Clty of Miami, for the balance of 495,000.00, both the deed, mortgage and note subject to the approval and oonfirmation of the Oity Attorney. Bi IT FURTHER RESOLVED that the sum of 05,000.00 be, and is here- by, appropriated from the GE1 RAL FUND, and the Director of Finanoe be, and he is hereby, authorized to issue the City's warrant for the. said amount of 45,000.00, to the order of the LeBlond and Orr Company, and the balance to be paid on or before 10 years as set forth in the deed and mortgage herein provided. Motion by f,.r. Leffler seconded by Mr. Gilman that the said resolution be passed and adopted. Rolloalled and the vote was as follows: AYES: Messrs. Romfh, Lummus, Wil- son, Leffler, Gilman. NOES: None. Motion parried unanimously and the said resolu- tion passed and adopted. CANCELLATION OF 1923 CITY TAXES ERRONEOUSLY ASSESSED AS SET FORTH IN THE RESOLUTION A resolution authorizing the cancellation of 1923 City Taxes erroneously assessed was offered by Mr. Wilson: Said resolution is as follows: RESOLUTION NO. 1127. A RESOLUTION AUTHORIZING THE CANCELLATION OF 1923 CITY TAXN.SERRONEJOUSLY ASSESSED. WHEREAS, the City Tax Assessor has reported to the Direotor of Pi-, nance that a number of assessments on the 1923 tax roll have been doubly assessed, or property which should have been exempt from taxation has been assessed, and that the 1923 pity taxes on same should be cancelled in order that the assessment roll may be correct and recommends their cancellation as follows: Description Lot 18, Block 3, Jeffer's park S. 478.7' of sj of Sfe of SH,1 25-53-41 Lot 5, Blk. 5, Soots S. 30' Lot 8, Blk. 17, R. G. & C. Subdivision Lot 24, let Add'n Waldin Court Lot 25, lst Add'n Waldin Court Lots 11-12, Blk. 79, City of Miami North Begin on w. line of SW 8th Ave. 300' N. of I; . line of SW 8th St. W. 209', N. 50', E. 209', S. 50' to beginning Owner Valuation Tag Remarks A. Kuperberg 4250. 05.50 Assessed twice City of Miami 19,500 429.00 Purchased by City for water works. J. A. Bailey et al 500 11.00 Aaseseed twioe 930 20.46 Assessed twioe 1922-23 Roll Walter Waldin 7,080 156.76 Carried in Causeway Fill Walter Waldin 7,080 156.76 Carried in Causeway Fill M.i. Church 62,800 1,381.60 Exempt City of Miami 770 16.94 Exempt C2,176'.04 NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami that the Director of Finance be, and is hereby, authorized to cancel the above assessments. Motion by Mr. Wilson, seconded by Mr. Gilman, that the said resolution be passed and adopted. Roll called and the vote was as follows: AYES: Messrs. Romfh, Lummue, Wil- son, Leffler, Gilman. NOES: None. Motion carried and the said resolution adopted. November $ 7, 1925 • PAYMENT OF ASPHALT COMPANY FOR TIS PLATES AND RAIL BRACES USED ON MUNICIPAL RAILWAY A resolution authorizing the payment of $719.34 to the Belcher Asphalt Paving Com- pany for Tie plates and Rail braces used• in the oonstruotion of Manioipal hallway Traok and appropriating the said sum of money for that purpose, was offered by L. Wilson and is as follows; RESOLUTION NO. 1128. A RESOLUTION APPROPRIATING THE SUM OF $719.34 FOR THE PURPOSE OF PAYING THE BELCHER ASPHALT PAVING COMPANY FOR TIE PLATES AND RAIL BRACES USED IN TEE CONSTRUCTION OF MUNICIPAL RAILWAY TRACK. WHEREAS, a000rding to the records of the Department of Publio Serr vice, the Tie Plates and Rail Braces shown by bill of the Beloher As- phalt Paving Company of September 17, 1923, were used in the oonatruo- tion of Municipal Railway track changes on Municipal Dock grounds, THEREFORE, BE IT RESOLVED by the Commieeian of the City of Miami, that the eum of $719.34, be, and the same 1e hereby, appropriated from the General Fund Surplus for the purpose of paying said bill. Motion by Mr. Wilson, eeoonded by Lir. Gilman, that the said resolution be peeped and adopted. Roll oelled and the vote thereon was as follows: AYES: Messrs. Romfh, Lurnmus, Wilson, Gilman, Leffler. NO. : None. Motion oarried unanimously and the said resolution passed and adopted. AMENDING RESOLUTION NO. 1086 ADOPTED N OVEMBER 6TH. 1923. A resolution amending Resolution No. 1086, adopted November 6th, 1923, eo that the Bum appropriated therein is transferred from the unexpended Sewer Bond Fund B-32 for the purpose of paying; for work done and work to be done on sewers and sanitary sewers for street paving purposes and not for work on Storm and Sanitary Sewers, was offer- ed by Mr. Leffler. The resolution was read in full and is as follows: RESOLUTION NO. 1129. A RESOLUTION AMENDING RESOLUTION NO. 1085, ADOPTED NOVE; BER 6TH, 1923. WHOBAS, on November 6th, 1923, Resolution No. 1085, was passed and adopted transferring the sum of from the unexpended Sew- er Fund B-32 for the purpoee of paying for work done and work to be done an Storm and Sanitary Sewers in the City of Miami, and WHEREAS, the extra work was not done on Storm Sewers as recited in the resolution, but was done on sewers and sanitary sewers for street paving purposes, NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami, that the said resolution be, and the same is hereby, amended so that the sum of be, and the same is hereby, transferred from said unexpended balance in said sewer fund for the purpose of paying for Street work and street paving in the installation of sew- ers and sanitary sewers and 8" T. C. Pipes. Upon motion of Mr. Leffler, aeconded by Mr. Wilson, the said resolution was passed by the following vote: AYES: Messrs. Romfh, Lummue, Wilson, Leffler, Gilman. NOES.: Nene. Motion unanimously carried. ABATEMENT OF LIEN FOR LOT CLEANING The City M3anager submitted oommunieat fere:ioe to the claim for abatement of 20, Block 64, Lawrence Eetate. After and copied upon the minutes: City Commission, Miami, Fla. Gentlemen: PROPERTY OF GEORGE S. REID ion under date of November 27th, 1923, in re- G. S. Reid for lot cleaning on Lots 19 and being read the oommunioation was ordered filed Miami, Florida, November 27, 1923. Attached hereto is a claim for abatement filed by G. S. Reid for lot cleaning of Lots 19 and 20, Block 64, Lawrence Estate in the amount of $19.00 for the two late. Mr. Reid makes affidavit that he cleaned these lots about two weeks previous to the time the lot clean- ing gang oleaned up the balanoe of that blook. Report of Mr. Frank Johnson, Seoretary of the Department of Welfare, shows that the whole of Block 64 was oleaned up in the early part of June, 1921, with the exception of Lote 8, 9 and 10. As Lir. Reid is so positive that he cleaned these lots him- self, and our records on lot cleaning being quite vague at that time, I would recommend that Mr. Reid's claim be allowed and the liens can- oelled. 7. 'espeotfully, F. H. WHARTON City Manager Thereupon a resolution oanaelling the liens against the said lots for lot cleaning assessment was offered by Mr. Leffler: RESOLUTION NO. 1130. A RESOLUTION CANCELLING LOT CLEANING ASSESSMENT AGAINST LOTS 19 AND 20 OF BLOCK 64, LAWRENO0 ESTATE, IN THE SUM OF +19/00. November 27, 1923. WHEREAS, George S. Reid has made affidavit that Lots 19 and 20 of Block 64, Lawrence Estate, have never been cleaned by the City of Miami as shown by the reoords of the City, and WHEREAS, there is on the reoorde in the offioe of the Direotor of Ftnanoe aamesaments against the two said lots in the total sum of $19.00 for the cleaning of the said lots, and WHEREAS, the Commission is of the belief that the said assess- ments were plaoed against the said lots erroneously, NOW, THERrORE, BE IT RESOLVED by the Commission of the Oity of Miami that the liens against Lots 19 and 20 of Block 64, Lawrence Estate, for lot cleaning in the total sum of 419.00 be, and the same are hereby, cancelled and removed. On motion of Mr. Leffler, seoonded by Mr. Wilson; the said resolution was passed by the following vote: AYES: Messrs. Romfh, Lummus, Wilson, Gilman, Leffler. NOES: None. PETITION FOR SIDEWAIK ON N. W. NINTH ST. Written oommunioation addressed to the City Commission, under date of November let, 1923, requesting the City to construot sidewalks on both sides of N. W. 9th Street between 5th Avenue and 7th Avenue, was received and after being read, on motion du- ly made and seoonded, was ordered filed and spread upon the minutes: Miami, Florida; November 1, 1923. To the City Commissioners: Gentlemen: The undersigned residents and property owners on Northwest 9th Street, in the City of Miami, respectfully petitioning ask that a side walk be placed on both the north and south sides Northwest 9th Street on the two blocks between Fifth Avenue on the east and 7th Ave- nue on the west. The present condition of this street is very bad and there are no sidewalks at all in the area named, although a oontraot has been let to T. B. MoGahey for the laying of the street pavement. The street has been dug up and left.now for over a month in such condition that several trucks have sunk down and had to be pulled out. This street as it now is constitutes a danger to the public using it and we ask that sidewalks be provided as early as possible. Respeotfully submitted, (Signed by Henry K. Audette and 18other property owners) TELEPHONE INSTALLATION ON CITY DOCKS MATTER REFERRED TO CITY ATTORNEY The Direotor of public Servioe submitted to the Commission communication from the South Atlantic Telephone and Telegraph Company under date of November 26th, 1923, in reference to the installation of conduits and other telephone equipment at the Oity Docks. After some discussion the matter was referred to the Legal Depart- ment to examine the franchise granted the telephone Company by the City and whe- ther it would be necessary to grant an easement across the City property for the conduits or poles or whether the Director of Public Service could issue a permit for thispurpose. ACCEPTING DEDICATION OF STREETS IN SUBDIVISION "FIRST ADDITION TO BRICiir;LL HAMMOCK" An ordinance entitled AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS IN THE SUBDIVISION KNOWN AS "FIRST ADDITION TO BRICKELL HAMMOCK -UNIT NO. 1". was introduced by Mr. Wilson, and on motion of Mr. Wilson, seconded by Mr. Gilman, it was resolved that the Charter requirement for reading ordinances on two separ- ate occasions be dispensed with. The vote thereon was as follows: AYES: Messrs. Romfh, Lurnmus, Wilson, Leffler, Gilman. NOES: None. On motion of Mr. Lummus, seconded by Mr. Leffler, the said ordinance was given its first reading and was read by title only. motion by Lair. Lummus, seconded by Mr. Leffler, that the said ordinance be passed on its first reading. Roll called and the vote was as follows; AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: None. Motion oar- ried and the ordinance passed on its first reading. On motion of Mr. Wilson, se- conded by Mr. Gilman, the said ordinance was given its second and final reading and was read in full. Motion by Mr. Wilson, seconded by Mr. Gilman, that the ordinance be passed and adopted on its second and final reading. On roll oall the vote was as follows: AYES: Messrs. Romfh, Lumnius, Wilson, Leffler, Gilman. NOES: None. Motion unanimously carried and the said ordinance passed and adopted un its final reading. The said ordinance is numbered 202 and is shown in Ordi- nance Book 1 at page /7 r as passed and adopted by the City Commission. SITE FOR AM.ERICAN LEGION CLUBHOUSE REQUEST FOR Mr. Rills and Mr. Goldstein, representing the Harvey Seeds post of the American Legion, appeared before the Commission in reference to a site for a clubhouse for the American Legion members in Miami. After some discussion it was the op - ion of the Commission that the matter would have to be gone into by the City At- torney to determine whether or not the City had the authority to lease the pro- perty wanted by the amerioan Legion and that the City would have to have more time in which to decide the question. and that they would be given a definite answer at the next regular meeting of the Commission. CONFIRMATI01r' OF PREL1MUARY ASSESSMENT ROLLS SEWER DISTRICTS 45,56, 57, 58, 69. This being the date set for hearing objections to the oonfirmation of prelimina- ry assessment rolls on Sewer Improvements 45,56,67,58 and 59 it was announoed that the Commission was ready to receive and consider any remonetranoes or ob- jections to such confirmation. There being no remonetranoes filed the said pre- liminary assessment rolls were confirmed by the passage of the following reso- lutions► { Y :S..e�!T''*C�a".!NtG�Y�t�'^�N.rtw1+.nirwarWmm.ryee..s—,aevaz•...wvvrxxrrv«r„na+wo-ew.ewu,w...».urmw..�.....awn�.wracvv...,a. November Pl7;„3:.' Resolution No. 1131, oonfirming the preliminary assessment roll on.Sewer ;:Im- provement No. 46 was offered by Mr. Wilson and is as follows: 0. RESOLUTION NO. 1131 District Sr, 4.b Sanitary Sewer Improvement No 40 WHEREAS, the City Commission of the City of Miami, Florida, met on the ...... 2.%.h day of .10X0.10.0r 19..t , pursuant to the notice of said meeting under Section 50 of the City Charter, to hear all written objections to the confirmation of the preliminary assessment roll of Sanitary . Sewt;.r. Improvement No 4.5 , District . '-4.5i by any person whose property is described in said preliminary roll; and WHEREAS, The Commission of the City of Miami, having received and considered all written remonstrances filed to the confirmation of the preliminary roll by any persons whose property is described in said roll. THEREFORE RE IT RESOLVED by the Commission of the City of Miami; Florida, that the prima facie assessment, as indicated on said pre- liminary assessment roll, he and is in all things confirmed and sustained against any and all lots or parcels of ground described thereon, except. as follows: The assessment against Lot ... .................. Block is hereby increased to $ reduced The assessment against Lot Block is hereby increased to $ reduced The assessment. against Lot Block is hereby increased to $ reduced BE IT FURTHER RESOLVED, that the sums and amounts against each of the lots or parcels of ground in said preliminary assessment roll (as herein modified) are Ie s than the amount that each of said lots or parcels of ground is benefited by said improvement and that such amounts aro in proportion to the special benefits, and that the proportion of said cost to be paid by said City of Miami' on account of highway intersection is the sum set opposite to the same therein. The total cost of the said improvement, in the sum of $..fz,.S4.3....6R , is hereby approved and confirmed. BE IT FURTHER RESOLVED, .that ten (10) days after date of this confirmation of said assessment roll the same be delivered to the Director of Finance, and the Director of Finance is hereby ordered, thirty (30) days after date of this resolution to make collections of the assessments there- in as required by law. Motion by Mr. Wilson, seconded by Mr. oilman, that the said resolution be pass- ed and adopted. On roll call the vote thereon was as follows: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: None. Motion carried unanimously and the said resolution passed and adopted. Resolution No. 1132, confirming the Preliminary Assessment Roll on Sewer Improvement No. 56, was introduced by Mr. Leffler. Said resolution is in full as follows: 9. District . .. . zr7.05 RESOLUTION NO 1132 Sanitary Sewer Improvement No 06 WHEREAS, the City Conunission of the City of Miami, Florida, met on the 2.7.th_ day of N.ovamber...._ to..0...., pursuant to the notice of said meeting under Section 56 of the City Charter, to hear all written objections to the confirmation of the preliminary assessment roll of .sanitary Samar ..........Improvement No...5.6 , District Sr —56 by any person whose properly is (it ,ribed in said preliminary roll; and WHEREAS, 'i'he commission of the City of Miami, having received and considered all written remonstrances filed to the contirniation of the preliminary roll by any persons whose property is described in said roll, THEREFORE RE IT RESOLVED by the Commission of the City of Miami, Florida, that the prima facie assessment, as indicated on said pre- liminary arse:-sment roll, be and is in all things confirmed and sustained against any and all lots or parcels of ground described thereon, except as follows: - The assessment against Lot... .... Block is hereby increased to $ reduced The assessment against Lot... ... Block is hereby increased to $ ,. reduced The assessment against Lot Block is hereby increased to $ reduced BE IT FURTHER RESOLVED, that the sums and amounts against each of the lots or parcels of ground in said preliminary assessment roll (as herein modified) are less than the amount that each of said lots or parcels of ground is benefited by said improvement and that such amounts are in proportion to the special benefits, and that the proportion of said cost to be paid by said City of Miami on account of highway intersection is the sum set opposite to the Hams• therein. The total cost of rho said improvement, in the sum of $.6.,.093..36 is hereby approved and confirmed. BE IT FUR'fl:ER ill:SOLVED, that ten (10) days after dote of this confirmation of said assessment roll the same be delivered to the Director of Finance, and the Director of Finance is hereby ordered, thirty (30) days after date of this resolution to make collections of the assessments there- in as required by law. Motion by Mr. Leffler, seconded by Mr. Gilman, that the said resolution be passed and adopted. Roll called and the vote was as follows: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: None. Motion unanimously carried. 4.52,1 November 27, 1923. Resolution No. 1133, oonf irming Preliminary Assessment Roll on Sewer Improvement No. 57, was introduced by Mr. Wilson: 0. District Sr-57 RESOLUTION NO 113E Sanitary Sewer Improvement No 4.7 WHEREAS, the City Commission of the City of Miami, Florida, met on the 2.7.th day of Navamher I92.5..., pursuant to the notice of said meeting under Section 56 of the City Charter, to hear all written objections to the confirmation of the preliminary assessment roll of Sanitary Sewer Improvement No 87 , District 3r-57 by any person whose property is described in said preliminary roll; and WHEREAS, The Commission of the City of Miami, having received and considered all written remonstrances filed to the confirmation of the preliminary roll by any persons whose property is described in said roll. THEREFORE BE IT RESOLVED by the Commission of the City of Miami, Florida, that the prima facie assessment, as indicated on said pre- liminary assessment roll, be and is in all things confirmed and sustained against any and all lots or parcels of ground described thereon, except as follows: The assessment against Lot Block is hereby increased to $' reduced The assessment against Lot Block is hereby increased to $ reduced The assessment against Lot Block is hereby increased to $ reduced BE IT FURTHER RESOLVED, that the sums and amounts against eaeh of the lots or parcels of ground in said preliminary assessment roll (as herein modified) are less than the amount that each of said Lots or parcels of ground is benefited by said improvement and that such amounts are in proportion to the special benefits, and that the proportion of said cost to be paid by said City of Miami on account of highway intersection is the sum set opposite to the same therein. The total cost of the said improvement, in the sum of $..12,.62.0..2.0 , is hereby approved and confirmed. BE IT FURTHER RESOLVED, that ten (10) days after date of this confirmation of said assessment roll the same be delivered to the Director of Finance, and the Director of Finance is hereby ordered, thirty (30) days after date of this resolution to make collections of the assessments there- in as required by law. Motion by Mr. wilson, seconded by Mr. Lummus, that the said resolution be passed and adopted. On roll pall the vote thereon was as follows : AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. i4On2: None. Motion unanimously carried and the said resolution passed and adopted. Resolution No. 1134, confirming Preliminary Assessment Roll an Sewer Improve- ment No. 68, was offered by Mr. Lummus: 9. District Sr-58 RESOLUTION NO 1134 Sanitary Sewer Improvement No 68 WHEREAS, the City Commission of the City of Miami, Florida, met on the Z.7.th1 day of N.QXQ.mbmx 1.9.AZI ., pursuant to the notice of said meeting under Section 56 of the City Charter, to hear all written objections to the confirmation of the preliminary assessment roll of Sap,.i.tra. y...$ow9.r Improvement No 00 , District Sr-Eg by any person whose property is described in said preliminary roll; and WHEREAS, The Commission of the City of Miami, having received and considered all written remonstrances filed to the confirmation of the preliminary roll by any persons whose property is described in said roll. THEREFORE DE iT RESOLVED by the Commission of the City of Miami, Florida, that the prima facie assessment, as indicated on said pre- liminary assessment roll, be and is in all things confirmed and sustained against any and all lots or parcels of ground described thereon, except as follows: The assessment against Lot Block is hereby increased to $ reduced The assessment against Lot Block is hereby increased to $ reduced The assessment against Lot Block is hereby increased to $ reduced BE IT FURTIIER RESOLVED, that the sums and amounts against each of the lots or parcels of ground in said preliminary assessment roll (as herein modified) are less than the amount that each of said lots or parcels of ground is benefited by raid improvement and that such amounts are in proportion to the special benefits, and that the proportion of said cost to be paid by said City of Miami on account of highway intersection is the sum set opposite to the same therein. The total cost of the said improvement, in the sum of $ 7,755...Q.7 , is hereby approved and confirmed. BE IT FURTHER RESOLVED, that ten (10) days after date of this confirmation of said assessment roll the some be delivered to the Director of Finance, and the Director of Finance is hereby ordered, thirty (30) days after date of this resolution to make collections of the assessments there- in as required by law. Motion by I;ir. Lummus, seconded by Mr. Gilman, that the said resolution be passed and adopted. Roll ohlled and the vote thereon was as follows: AYES: Liessrs. Romfh, Lummus, Wiison, Leffler, Gilman. NW:a: None. Motion carried unanimously and the, said resolution passed and adopted. IrErimnnmairrilrasimanimiimMari111111111111 1111111111III11111 11II111!II11111IIII111I1111111111'111111111'1I'111III11111IIIIllllll 1 1• e November 27, 1923. Resolution No. 1135, confirming Preliminary Assessment Roll an Sewer Improvement No. 69, was introduoed by Mr. Gilman. Resolution is as follows: RBSOLUTION NO. 1136. District Sr. 59 Sanitary Sewer Improvement No. 69. WHEREAS, the0ity Commission of the City of Miami, Florida, met on the 27th day of November, 1923, pursuant to the notice of said meeting under Seotion 56 of the City Charter, to hear all written objeotions to the confirmation of the preliminary assessment roll of Sanitary Sewer Improvement No. 59, District Sr-59, by any person whose property is described in said preliminary roll; and WHEREAS, the Oommission of the Jity of Miami, having received and oonsidered all written remonstranoee filed to the confirmation of the preliminary roll by any persons whose property is described in said roll. THaa FOR:, BE I'T itr;30LVED by the Commission of the City of Mi- ami, that the prima facie assessment, as indicated on said prelimi- nary assessment roll, be, and is in all things, confirmed and sus- tained against any and all lots or parcels of ground described there- on. BE IT FURTHER RESOLVED that the sums and amounts against each of the lots or parcels of ground in said preliminary assessment roll are less than the amount that each of said lots or parcels of ground is benefited by said improvement and that such amounts are in pro- portion to the special benefits, and that the proportion of said costs to be paid by said City of Miami on a000unt of highway inter- section is the sum set opposite to the same therein. The total cost of the said improvement, in the sum of 4A,648.88 1 is hereby approved and confirmed. BE IT FURTHER RESOLVED that ten (10) days after date of this eonf.rmation of said assessment roll the same be delivered to the Director of Finance, and the Direotor of Finance is hereby ordered thirty (30) days after date of this resolution to make collections of the assessments therein se required by law. Motion by Ir. Gilman, seconded by Mr. Wilson, that the said resolution be passed and adopted. Roll called and the vote thereon was as follows: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: None. Motion unanimously carried and the said resolution passed and adopted. ACCEPTING DEDICATION OF STREETS IN NEW SUBDIVISION "BAY VISTA PARK" An ordinance entitled AN ORDINANCE AOCEPT IaG THL DEDICATION ION OP THE STREETS IN THE SUBDIVISION KNOWN AS "BAY VISTA IARK" . was introduced by Mr. Leffler, and or. motion of Ltr. Leffler, seconded by Mr. Gilman, it was resolved that the charter requirement for reading ordinances on two separate occasions be dispensed with. The vote thereon was as follows: AYES; Messrs. Romfh, Lummus, Leffler, Wilson, Gilman. NOES: None. Motion carried unanimously. On motion of L•Ir. Leffler, seconded by Lir. Gilman, the said ordinanoe was given its first read- ing and was read by title only. Motion by Mr. Flilson, seconded by Lir. Lummus, that the said ordinance be passed on its first reading. Roll called and' the vote was as follows: AYLa; Messrs. Romfh, Lummus, vlilson, Leffler, Gilman. NOES: None. Motion carried and the said ordinance passed on its first reading. On motion of 1. Wilson, seconded by Lr. Lummus, the ordinance was given its second and final reading and was read in full. Motion by Lir. Wilson, seconded by Mr. Gilman, that the said ord inane be passed and adopted on its final reading in full. Roll called and the vote thereon was as fellows: AYES: ,Messrs. Romfh, Lummuze, vlilson, Leffler, Gilman. NOES: Nene. Motion carried and the said ordinance passed and adopted on its second and final read- ing in full. Said ordinance is numbered 203 and is shown in Ordinanoe Book 1 at page /79 as passed and adopted by the Oity Oommission. aa ADJ OURNi. ENT There being no further business to come before the Board at this meeting, on motion of Mr. Wilson, seconded by Lir. Leffler, the meeting was adjourned. ATTEST: • CIW OF M?AMI DOCUMENT INDE MEETING DATE: November 27, 1923 4 ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DOCUMENT IDENTIFICATION INSTITUTION OF SUIT TO ENFORCE CONTRACT FOR ELSER PIER AUTHORIZING SECURING OF ESTIMATES FOR SEA WALL ON BAYFRONT AUTHORIZING PURCHASE OF PROPERTY FROM BELLE G. BRICKELL PAYMENT FOR PROPERTY CONDEMNED ON CORNER OF NORTH MIAMI AVENUE AND 14TH STREET PROVIDING FOR ISSUANCE OF IMPROVEMENT BONDS -SERIES "V" PURCHASE OF PROPERTY FROM LEBLOND AND ORR COMPANY AUTHORIZING CANCELLATION OF CERTAIN 1923 TAXES APPROPRIATING $719.34 FOR PAYING BILL OF BELCHER COMPANY FOR MATERIAL FOR MUNICIPAL RAILWAY AMENDING RESOLUTION 1085 WHICH TRANSFERRED SEWER FUNDS COMMISSION 1 RETRIEVAL ACTION I CODE NO. R-1121 01121 R-1122 01122 R-1123 01123 R-1124 01124 R-1125 01125 R-1126 01126 R-1127 01127 R-1128 01128 R-1129 01129 CANCELLING LOT CLEANING LIEN ON LOTS OF GEORGE S. REID R-1130 01130 SANITARY SEWER IMPROVEMENT SR-45 R-1131 01131 SANITARY SEWER IMPROVEMENT SR-56 R-1132 01132 SANITARY SEWER IMPROVEMENT SR-57 R-1133 01133 SANITARY SEWER IMPROVEMENT SR-58 R-1134 01134 SANITARY SEWER IMPROVEMENT SR-59 R-1135 01135