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HomeMy WebLinkAboutCC 1923-12-04 MinutesC I • COMMISSION MINUTES OF MEETING HELD ON December 4, 1923 Pawn) sy. 7,11 OFFICE OF THE.CITY ;LEM CITY HALL rr.vv«...v- -..era, ,a,✓.rOs MINUTES OF THE FETING OP PHA BOARD OF COMMISSIONERS OF THE CITY OF MIAMI, FLORIDA. On the 4th day of Deoember, A.D. 1923, the Commission of the City of Miami, Florida, met in regular session at the City Hall. The meeting was called to order at 9:00 o'olook A. M., by Chairaan Romfh and on roll call the following members were pre- sent: E. C. Romfh, J. E. Lurnmus, J. I. Wilson, J. H. Gilman, C. D. Leffler. ABSENT: None. READII4G OF MINUTES OP LAST MEETING The Clerk read the minutes of the meeting of November 27th which were approved and accepted as written. AGREEMENT WITH GRAHAM IIr. Graham appeared before the Commission in City for widening N. E. 2nd Avenue and after ed to the City Manager and City Attorney for REQUEST FOR APPOINTMENT OF.PARK COMMISSION IvMr. C. L. pointment Harvey See the Woman' motion of and filed FOR WIDENING N. M. S.'+.'COND AVENUE. referenoe to his agreement with the some discussion the matter leas referr- report at the next regular meeting. RSU OLUTIONS FROM CIVIC CLUBS Yeager appeared before the Commission and spoke in reference to the ep- of a Park Commission and submitted Resolutions from The American Legion, de poet 29, The Civitan Club, The Kiwania Club, the Miami Exchange Club, s Club and the :Miami Realty Board in reference to suoh appointment. On Mr. Wilson, seconded by Mr. Leffler, the said resolutions were received and ordered spread upon the minutes: It is hereby resolved that; We the undersigned believing it to be to the beat interest of the City of Miami do hereby favor and request of the Honorable City Commissioners of the City of Miami, the appointment by them at their earliest convenient time of a Park Commission composed of looal ci- tizens to serve in perpetuity (if possible), without pay, whose first duties shall be (1) To obtain a detailed plan for the creation and development of the Bay Front Park and (2) To see to the actual carrying out of this work in accor- dance with tha plans adopted, under and by virtue of such duties and responsibilities as the Honorable City Commissioners may delegate up- on them. Harvey Seeds Post No. 29, Amerioan Legion The C iv i to n Club of Miami Kiwanis Club of Miami Miami Exchange Club Woman's Club Miami Realty Board There was no aotion taken toward the appointment of such a Board at this time. BIDS FOR PASSENGER WAITING ROOM AT CITY DOCKS This being the date set for the reoeption of bids for the construction and ereo- tion of Passenger Waiting Room at the Idunioipal Docks, at 9:30 a. m., on motion of Mr. Wilson, seconded by Mr. Gilman, the bide received were opened and read and are as follows: Kn we An it appearing that the following reaolut Leffler: Contractor ight & Lomas Company o . Jahn the bid of 2nd.above is ion accepting the bid o Amount Cert. Ok. 44,588.00 4114.70 5,255.65 131.39 the lowest and best bid received, f said Contractor was offered by Idr. RESOLUTION NO. 1136. A RESOLUTION ACCEPTING THE BID OF KNIGHT & LOMAS FOR CONSTRUCTION OF PASSENGER WAITING ROOM AT CITY DOCKS. WHEREAS, the City Manager was by ed to publish notice for bids for the senger waiting Room at the City Docks WHEREAS, the following bids were Knight & Lomas. Gee. Jahn and resolution authorized and direct - construction and erection of pas- , and received on the 4th of Deoember; . . . 44,588.00 5,255.65 WHEREAS, it appears that Knight & Lomas have submitted the lowest and beet bid, THEREFORE, 3S I'T R;;:;OLV::D by the Commission of the City of Miami: Section 1. That the bid of Knight & Lomas for the furnishing of Labor and materials and the construction and erection of paaaenger Waiting Room at the City Docks, according to plans and epeoifioatione of H. Hastings Lundy, Architect, at and for the sum of 44,588.00 be, and the same is hereby, accepted. Section 2. That the said contractor enter into agreement and bend with the City Manager, to be approved by the City Attorney, for the construction of the said building and that the aontraot be presented to the Com:.:ission for approval. Section 3. That the Bid Bonds and Certified Checks of the unsuo- ceLsful bidders be forthwith returned by the City Clerk. Notion i,r. Leffler, seconded by i, '. Wilson, that the said resolution be passed and adopted. Roll called and the vote was as follows: AYES: Messrs. Romfh, Lummus, Wil- son, Leffler, ;ilmar,. NOES: Lone. Notion oarried unanimously and the said reeolution adopted. II'IoIIlniass lmmita IIIImilhIlIIQimil■1111111119111ntlllllrin9111P' illlllii111119' 111111111111111111111111•11111111111•11111111MIIIIM1111111 II 11111111M11111111111111 1 11111111111111,111111111 IBMS M111E111111uu1111I1111 11 111 I■ riii 1i1•i 11u 111111111 111111111111111111.111 1 1111111111 111111111111111111111111111111111111 1 December 4, 1923. BIDS FOR GRANDSTAND AT TATUM PARK RECEIVED AND CONTRACT AWARDED This also being the date set for the reoeption of bids for the construction and erec- tion of Baseball Grandstand at Tatum Park, the City Manager submitted bids reoeived bar him until 9:30 a. m. o'olock and on motion of Er. Leffler, seconded by ILr. Gilman, the said bids were ordered opened and read and are as follows: Sundquist & Snow 429,635.00 O'Neill -Orr Construction 0o. . 25,607.72 St. John Co 34,000.00 F. H. Foster 27,750.00 Knight & Lomas Co 30,629.00 Geo. Jahn.. 26,868.80 And it appearing from the bids received that the offer of O'Neill -Orr Construction Company is the lowest and best bid received, the following resolution aooepting their bid and authorizing the City Manager to enter into oontraot for the said work with the said contractor was introduced by gr. Lummus: RESOLUTION NO. 1137. A RESOLUTION ACCEPTING THE BID a' O'N EILL- ORR CON- STRUCTION COMPANY FUR CONSTRUCTION AND ERECTION OF' BASEBALL GRANDSTAND ON BLOCK "A", LAWRENCE ESTATE • LAND COMPANY'S SUBDIVISION. %lEREAS, the City Manager was by resolution authorized and 'direot ed to publish notice calling for bids to be reoeived this date fur the-N` construction and erection of Baseball Grandstand on Block "A" Lawrence Estate Land Company's Subaivision, and WHEREAS, the following bids have been reoeived: Sandquist & Snow 429,635.00 � O'Neill -Orr Construction Co25,607.72 The St. John Jo 34,000.00 F. E. Foster 27,750.00 Knight & Lomas Cc 30,629.00 Geo. Jahn 26,868.00 WHERr:A3, it appears that o'Neill-Orr Construction Company have submitted the lowest and best bid; THEREFORE, BA 12 REaOLVED by the 3ommission of the City of Liiami: 1. That the bid of O'Neill -Orr Construction Company for furnish- ing of labor and materials and the construction and erection of Base- ball Grandstand on Block "A" Lawrence &state Land 3ompany's Subdivision, according to plans and speeifioations of Ii. Hasting Mundy, Architect, at and for the sum of w.;5,607.72, be and the same is hereby aocepted. 2. That the said contract enter into contract and bond with the City Lmnager, to be approved by the City Attorney, for the construction of the said building and that said contrast be presented to the Commis- sion for approval. 3. 2hat the Bid Bonds and Certified Checks of the unsuccessful bidders be forthwith returned by the City Clerk. and Motion by Er. Lummus, seconded by Mr. ':lilson, that the said resolution be passed and adopted. Roll called and the vote thereon was as follows: AYES: Messrs. Romfh, Lum- mus, Wilson, Gilman, Leffler. NOES: None. Motion carried unanimously and the said resolution adopted. SITE FOR ALIi;i;ICA1i LEGION HOE: ACTION BY CITY comu1SSION Mr. Chas. A. Mills, Post Commander, Harvey Seeds Post No. 29, American Legion, appear- ed before the commission in reference to site for American Legion Home in this City. After some discussion Mr. Mills was told by the Chairman of the Commission that the property wanted by the American Legion has been investigated by the Commission and it was found to be dedicated for Dock and Warehouse purposes and that the Commission could not legally lease or otherwise dispose of the property wanted for the Ameri- can Home site, which is known as the Adam Correll property. Thereupon a resolution denying the request of the American Legion for the Adam Correll Property and setting forth the intention of the Commission to find some legal way to provide a location for a home site for the American Legion was offered by Mr. Lummus. Said resolution is as follows: aSS0LU'TI01v N0. 1138. A RNauLU'i'IOL DELYING TES Rr:.,;Ui:Sl' OF THE AMERICAN LEGION, HARVEY 31 DS P062 N0. 29, i'0a 1 J ADAI.i CORRELL PROPERTY, OWNED BY THh' CITY OF LIIAMI, FORA SITE FOR CLUBHOUSE FOR SAID ORGA14IZATION, AND SEPTING FORTE THE INT'ELTION OF THE CITY COMMISSION TO FIND SOME LEGAL WAY TO PROVIDE A LOCASIUN FOR A HOME FOR THE AMERICAN LEGION. WHEREAS, the American Legion, Harvey Seeds Post No. 29, through its proper officers, has requested the City of Miami to furnish a site for a Home for the said organization, and WHERAAS, the property under consideration, viz: the property known as the "Ada,:. Jarrell Property", has been found to be dedicated for docks, warehouses and other dock purposes, and wEEREAa, at the present time the Commission finds it impossible to legally lease or otherwise dispose of this property, THEREFORE, BE I'i REaOLVED by the Commission of the City of Miami: That the leasing or otherwise disposing of the property set forth in the preamble of this resolution be, and the same is hereby, denied. BE IT FURTHER RESOLVED that it is the purpose of the City 3ommie- sion to find some legal way to provide a location for a home for the American Legion, Harvey seeds Post No. 29. • 456 December 4, 1923. IIIMIIII®1111111111.111 17IA 1ul.II♦I111111111.111.1U1111111U111 .iAI111111•_s Motion by Mr. Lummus, seconded by Mr. Gilman, that the said resolution be passed and adopted. On roll oall the vote thereon was as follows: AYES: Messrs. Romfh, Lummua, Wilson, Leffler, Gilman. N0iS: none. Motion carried unanimously and the said resolution passed and adopted. GASOLINE STORAGE TANK, 25,000 BBL. CAPACITY REQUEST FOR PERMIT TO CONSTRUCT LIr. E. V. Belcher, representing the Belcher Asphalt Paving Company, appeared be- fore the Commission in seferenoe to the oonatruotion of a 25,000 barrel storage tank for gasoline on the Belcher Company property on the Bay front north of the municipal Dcoks, and submitted communication whioh, on motion of Mr. Fiilson, se- conded by LIr. Gilman, was ordered filed and spread upgn the minutes: Miami, Florida, November 19, 1923. Honorable City Commissioners, City of Miami, Florida. Gentlemen: We were recently granted a permit to ereot a 25,000 barrel storage tank on our property, and we respeotfully petition your Honor- able Body to grant us permission to use this tank for the storage of gasoline. In this oonnectior, your attention is invited to the follow- ing; Plans and specifications for this tank were drawn by an ex- pert Engineer, who has had charge of erecting tans for similar use in other pities in Florida. Should you be disposed to grant us the permission requested we expeot to comply with all regulations relative to fire protection, etc. This tank to be ereoted two hundred feet from any other tank on our property, to be entirely surrounded by a seven foot reinforced oonorete fire wall, and will, therefore, be separated from any other part of our operation. your consideration is further invited to the fact that we, as well as the City, have spent considerable money for harbor improve- ments, and should this permission be granted we expeot to bring gaso- line to our dock in tankers, unload same into our tank and wholesale it in tank car lots, as well as by tank wagon. your attention is further invited to the fact that our plant is looated outside of the fire limits of the City of Miami, and in an already created oil district. AL1 the gasoline storage in the City of Jacksonville is located within the City limits. Phis same condi- tion applies to ether cities in Florida as well. we are ready to meet any reasonable conditions that you Body may impose in order to secure permission above requested. Trusting that this application may receive your favorable consideration, we are Yours very truly, BELCHiR ASPHALT PAVING CO. INC. E. I; . Belcher The Commission not being familiar with the oil districts created in the City ao- tion was deferred in granting permit to the Belcher Company until it could be de- termined just what oil distriots have been heretofore created. HIGHLEYLI1 COLTRACT-FILING OF HILL OF COMPLAINT REPORT OF CITY ATTORNEY The City Attorney submitted written communication under date of December 3rd, 1923, in reference to the filing of a bill of complaint against L. T. Highleyman, owner of the i;laer pier property, for the epeoifio performance of his contract with the City. on motion of :.tr. 'Wilson, seconded by Mr. Leffler, the communica- tion was ordered filed and spread upon the minutes: The City Commission, Miami, Florida. Re: Eller Pier Miami, Florida, December 3, 1923. Gentlemen: I beg leave to report that acting under your inetruotions.I prepared and filed a bill of complaint against L. T. Highleyman, the owner of this property, for the specific performanoe of hie contract With the City. Mr. Highleyman was not in town at the time of the filing of the bill, but was reported to be in Havana, so that a tender of the 0175,000.00 has not been made to him and he left no agent or other re- presentative known to the City to whom such a tender could be made on his behalf, and, therefore, there was deposited by the City, at the time of the filing of the bill, the sum of )175,000.00. Yours very truly, A. J . RUSE City Attorney Report of City Manager: Conununica l ion from the City &tanager reporting that he had deposited the sum. of 4175,000.00 with the Clerk of the Cirouit Court for the benefit of lir. High- leyman was received, and on motion duly made and seoonded, was ordered filed and the Clerk directed to copy same upon the minutes of the meeting. MINIM MIN ®I.IIIIIiI IV I NM11111111i 11111111111111111111111111111U11 1 111111111111 11.p11111111111111111 111l111111111111I1111111111111 11 111111 11111111 I11111111111II11II111 II■ 1 II11111111.11I IO1111 111 1 1 1 e City Commission, Miami, Fla. Gentlemen: December 4, 1923. 457 Miami, Florida, December 3, 1923. In compliance with your Resolution No. 1121 passed and adopt- ed Nov. 25th, 1923, directing the City IJpnager to make a tender to Mr. L. T. Highleyrnan of 0175,000.00 for the purchase price of the Elser Pier property, I did un the .3th day of November, 1923, attempt to locate Mr. Highleyman for the purpose of making this tender, but found that. he was out of the City, and learned that he would not return for several days. On the advice of the City Attorney, I then made the deposit of 0175,000.00 to the Clerk of the Circuit Court for the benefit of Mr. Highleyman, as a legal tender, and I hereby attach reoeipt for the. ten- der from the Clerk of the Circuit Court. Respectfully, 2. H. WHRTON City Imager Receipt of Circuit Court Clerk: The City of Miami. 48. Locke T. Highleyman. Received of F. H. Wharton the thousand and no/100 Dollars, same plainant in the above styled oause (Signe COMMUNICATION FROM L. E. HIGHLuYMAN In the Circuit Court, Eleventh Judioial Circuit of Florida. In and for Dade County. sum of One hundred seventy-five being a tender made by the Com- d) Bret SHEPARD Clerk Cirouit Court. IN RA: FILLING IN BAY FRONT The following communication from Mr. L. T. Highleyman, under date of December 3, 1923, was received, and on motion duly made and seconded was ordered filed. Honorable City Commission, City of Miami, Florida. Gentlemen; Miami, Florida, December 3, 1923. I am informed that the City of Miami has instituted a suit ir. the Circuit Court to enforce specific performance of an alleged contract with me, and Fred W. Liaxwell. As this suit will probably re- main in the Courts for a long while and as the City is desirous of filling ir. the Bay Front purk north of Elser Pier, the balance of the Bay Front to be left as it is until cur said controversy is settled by Court decision, and inasmuch se I am very anxious for the Bay Front to be developed in its entirety, and have no desire to hold up this development, I submit to you the following proposition Without preju- dice to the right of either party to said suit; That you let contracts out at your earliest convenience for the complete Bay Front park development and fill, and that the Contractor shall fill in the property that I own known as riser Pier, in the same manner as the balance of the work, beginning however not earlier than Juno 1st, 194. If at the termination of the suit I am successful in defeating you, I agree to pay you for the work done on my property; 0n the ether hand if you are successful in defeating me, you will have the fill already finished and will not have to go through a second operation. Under this proposition that I am making there is no need of holding up the Bay Front park Development, and I await your plea- sure for an answer. Very respectfully, L. 2. H I GHLi Y1.IAN There was no action taken on the proposition of Idr. Highleyman at this meeting. PF:T ITI01; FOR -EWER ON N. E. 26TR ST. The following petition from property owners on I. E. 26th Street, between the railroad and D. E. 2nd Avenue, asking for sewers on that street, was received and ordered spread upon the minutes; The Honorable City Commissioners, Miami, Florida. Gentlemen: Miami, Florida, VIa, the undersigned, property owners on N. E. 26th Street, ree- peotfully petition you to have a sewer put down on said street from the railroad to D. E. 2nd Avenue. The man hole is already in at 2nd Avenue and approximately 200 feet of the sewer is laid so there will be only about 400 feet of sewer required to complete the street. (6igned by J. F. Chaille and 4 other property owners). The petition was referred to the Director of Public Servioei. DeOember 4, 1923. 1 1 i i 1 1 1 1 1 1 SALE OF CITY EQUIPMENT AND LIVE STOOK .NOT SERVIOELBLIL TO CITY Communication from the City Manager under date of Deoember 4th, 1923, to whioh was attached oommunioation from the Director of Public Service to the City Mana- ger, recommending the sale ofyoertain equipment and live stook belonging to the City were received and on motion duly made and seconded, ordered filed and the olerk directed to copy same'upon the minutes of the meeting: Communication of City Manager; City Commission, Miami, Fla. December 4, 1923. Gentlemen; I am attaching hereto a recommendation from Mr. Ernest Cot- ton, Director of public Service, that the City sell seven mules and several dump wagons as their use will not longer be eoonomioal in the service of the street Department. I concur in his reoommendation and request that the purchasing Department be authorized to sell these mules and wagons. Mr. Cotton also recommends the purchase of a low speed Ford trttok without body to be used in the Street Department, and I also concur in this recommendation, but it will be neoessary for the City Commission to make an appropriation from the General Fund Covering the purchase of this truok, as no money was provided in the budget to do this. Respeotfully, F. H. WHJRTON City Manager Oommunioation of Director of Public Servioe; Mr. F. H. Wharton, IOity Manager, 1 Miami, Fla. I Dear Sir; C 1 I I December 1, 1923. We have in the Street Division, seven mules that are of no particular service to this department, and their maintenanoe is a very considerable expense. Of these uncles, there are two pair of well matched animals and one other good animal. There are also a number of bottom dump wagons, and of this group there would probably be about eight serviceable wagons and about eight other wagons that could be used for repairs to such vehicles. I vv,:uld recommend that this equipment be sold and that this Division be furnished with One Low -speed Ford truck, without body, but :sufficient allowance be made so that suitable body may be built at our garage and blacksmith shop. Also the purchase of One Austin 4-ton Pup Roller. This machine is a Fordson, mechanically equipped with roller wheels. We have one of these machines now at work on trial, and it has proven a very practicable and convenient piece of equipment. i.i1 of this equipment to be used for hauling, distributing .and rolling of the I:entucky rock. asphalt. In connection with the above, I would say that the Garbage and Trash division, are in need of one mule but have insufficient funds to pay for either the purchase or maintenance of same. If pro- per transfer may be made,. I would recommend that one of the males from the Street Division be turned over to the Trash and Garbage division. Yours very truly, ERNEST COTTON Director of Public Service. Thereupon a resolution authorizing the sale of the equipment and live stook eet forth in the communications vas introduced by Mr. Wilson and is as follows; RAsOLU . IOb L O . 1139. A RESOLUTION AU TEaRILIDG THE SAL:: OF CERTAIN LIVE STOCK AND EQUIPIL;T iBELONGING TO THE CITY OF MIAMI SET FORTH IN THIS RESO- LUTION BY THE CITY MANAGER TH1uUGH THE PROPER OFFICERS OF THE CITY. WHEREAS, the Director of the Department of Public Service reports that there are in the Street Division of his department seven mules, eight bottom dump wagons in serviceable condition and about eight bot- tom dump wagons that could be used for repairs to other such vehioles that are of no service to his department and recommends that same be :;old, and aE REAS, the Jity Manager concurs in the recommendation of the Di- rector of public Service, rJL REPO:L , BE Ii RESOLVED by the Commission of the City of Miami that the City iJtanager be, and he is hereby, authorized to sell to the best interests of the City, through the proper officers, the live stook and equipment set forth in the preamble of this resolution. motion by i,:r. ';lilson, seconded by 1r. Gilman, that the said resolution be passed and adopted. Roll called and the vote thereon was as follows; AYES; Messrs. Romfh, Lurnmus, ';�ilson, Leffler, Gilman. NOES; Hone. Motion carried unanimously and the said resolution passed and adopted. And a resolution authorizing the purchase of low speed Ford truck without body and ono Austin 4 ton pup roller as recommended by the City Manager and Direotor of pub- lic service, was offered by L. Leffler. The resolution is in full as follows: RESOLUTION NO. 1140. A RESOLUTION AUTHORIZING THE PURCHASE OF ONE LOW SPEED FORD TRUOI AND ONE AUSTIN POUR TON PUP ROLLER FOR THE DEPARTMENT OIL PUBLIC SERVICE, DIVISION OF STREETS; THE PURCHASE OM' ONE MULE FOR USE IN THE TRASH AND GARBAGE DIVISION; AND THE AP- PROPRIATION OF 7 150 TO THE A000UNT OF FORAGE AND FODDER IN ' THE DIVISION OF TRASH AND GARBAGE; AND APPROPRIATING FUNDS FOR THE PURCHASE OF SAID EQUIPIdi.TiT AND LIVE STOOK. WHEREAS, the Director of public Service reports that his department to in need of one Low Speed Ford truck and One Austin,Four ton Pup roller for use in the Street Division; and one mule for use in the 'Trash and Gar- bage Division, and WHEREAS, there are no funds provided for the purchase of the said equipment and live stock, and WHEREAS, the City manager reoommends the purchase of the equipment and live stock requested by the Director of Public Service and requests appropriations for same; THEREFORE, BE IT RESOLVED by the Commission of the City of Miami; 1. That the sum of 42600.00 be, and is hereby, appropriated from the GENERAL FUND SURPLUS for the purpose of purchasing said Ford Truok and said Austin Roller. 2. That the sum of 4400.00 be, and is hereby, appropriated from the GENERAL FUND SURPLUS for the purpose of purchasing one mule for use in the Trash and Garbage Division. 3. That the sum of 4150.00 be, and is hereby, appropriated from the GENERAL FUND SURPLUS to the account of FORAGE ADD FODDER in the Division of Trash and Garbage, Dept. of Publio Service. 4. That the City Lianager be, and he ie hereby, authorized to pur- chase, through the proper agents, the equipment and live stock herein - above set forth. Motion by Mr. Leffler, seconded by LIr. Wilson, that the said resolution be passed and adopted. Roll called and the vote was as fellows; AYES; Masers. Romfh, Lunmus, Wil- son, Leffler, Gilman. NOES: alone. Motion carried unanimously and the said resolu- tion passed and adopted. PAYMENT OF 42500 TO NYE ODORLESS CREMATORY CO. ON AOCOUNT OF INCINERATOR NO. 3. Communication from the City Manager under date of December 4th, 1923, recommending the payment of 42500 to the Nye Odorless Crematory Company on account of Incinerator Ne. 3 was received and on motion duly made and seconded ordered filed and copied upon the minutes of the meeting; Miami, Fla. December 4, 1923. City Commission, Miami, Fla. Gentlemen: The aye Odorless Crematory Co. is now erecting under contract Inoinerator No. 3. The work ie well under way, and they have all the ma- terial on the ground and expect to have same completed and in operation about Jan. 1. Under the contract,the City was to pay them 45,000.00 upon the completion of the Incinerator, and the balance within a year. I have a letter dated Nov. 26th from fair. A. C. Felton, President of the Nye Odor - leas Crematory Co. asking if the City can not advance them the 45,000.00 payment now, as they are needing the money. I do not think it would be arnius for the City to pay them 2,500.00 now and the other 42,500.00 upon the completion of the plant, and recommend a payment to them now on account of 42,500.00. Respectfully, F . E. WIiART ON City Manager And thereupon Mr. Gilman offered a resolution authorizing the payment of 42,500.00 to the Eye Odorless Crematory Co. on account of Incinerator No. 3 whioh is as follows; i11;50LUTION E0. 1141. A RESOLUTION AUTHORIZING THE PAYMENT OF 42,500.00 TO THE NYE ODOR- LESS CREMATORY COMPANY OI; ACJOUIIT 01' INCINERATOR NO. 3. WHEREAS, the Nye Odorless Crematory Company is now erecting under contract for the City of Liiami Incinerator No. 3, and WHEREAS, the City manager reports that the work is well under way and that the incinerator will probably be completed and in operation January 1; and that the Eye Odorless Crematory Company requests the City to advance the sun of 45,000.00 whioh, under the contract, is not due until the completion of the plant, and WHEREAS, the City Manager reports that he is of the opinion that it would not be amiss for the City to advance the said Company the sum of 42500.00 at this time and the balanoe of 42500.00 when the plant is completed, THEREFORE, BE I'T RESOLVED by the Commission of the City of Miami that the City Lianager be, and he is hereby, authorized to pay to the Nye Odorless Crematory Company the sum of 42500.00 on account of Incinerator No. 3. Moved by Mr. Gilman, seconded by LIr. Wilson, that the resolution be passed and adopted. Roll called and the vote was as follows: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: Lone. motion unanimously oarried and the resolution passed and adopted. ' CJ J Deoembor 4, 1923. W. 3 SETTLEMENT WITH ATLANTIC BOAT YARD AS PROPQSED FOR MOVING EAR/DE RAILWAY The City Manager submitted to the Commission written communication under date of December 4th, 1923, to which was attached oommunioation from the Direotor of Pub - a. lie Servioe to the City Manager. under date of November 30th, 1923, in reference le to relocating the ways of the Atlantio Boat Yard Company. The said communications, = after being read, were ordered filed and the Clerk instructed to copy same upon i the minutes of .the meeting. Said oommunioation are as follows; City Commission,' Deoember 4, 1923. Miami, Fla. I 1 Gentlemen; I On Nov. 19th the Atlantic Board Yard Company Company render- ed a bill to the city as follows for the loss .of No. 1 and No. 2 rail- ways which they had to take up on account of the building of the E. W. 2nd Avenue Bridge; I Loss on Railway No. 1, 228 days figured up to f January 2, 1924 at 05.00 per day ,1440.00 I Loss on Railway No. 2, 62 days figured to 1 January 2, 1924 at 010.00 per day 820 00 w Cost of removing railway No. 2 .81.00 i Cost of rebuilding and installing railway Do.,.1 800 00 II I Rebuilding and installing railway No. 2. . . . 1250.00 m IExcavation for railways No. 1 and 2 appro- ximately 2000.00 IImaking a total of $ 6091.00 m I.have gone into this matter quite extensively with the Direct* for of public Service and I am attaching hereto his letter and recommen- dation to me dated Nov. 30th, and I recommend that the City pay them the sum of 01861.00 in full settlement of their damage sustained by the loss of their two marine railways. This may not be entirely satisfaotory to them but I feel this would be a fair settlement for the City to make. Respectfully, F. H. WHARTON City i.lanager Mr. . F. H. Wha r t o n, City Manager, Miami, Fla. Dear Sir: November 30, 1923. Regarding the Atlantio Boat Yard Company's claim as em- bodied in their letter of November 19th, I beg to report as follows;. let.- Ways Ido. 1 removed February loth, 1923, was locat- ed almost entirely on land acquired from .the Mary Brickell' estate. on deed from Frank Clark, Maude E. Brickell and Wm. B. Brickell as ex- ecutors of the Estate of Mary Brickell, deceased, to the City of Mi- ami dated January 12th,1922, recorded June 22nd, 1922, in Book 300 of Deeds, page 308, County records. This deed makes no mention of the fact that this property. was under lease, nor are we able to find in the minutes where this property was acquired subject to. lease of the Atlantic Construction Company or the Atlantic Boat Yard Company. Therefore, I do not be- lieve it is incumbent upon the City to pay the cost covering the re- moval of these wajs, the replaoement of the ways at a different lo- oatien, nor to pay to the Atlantic Boat Yard Company any monies they may have been deprived of on account of the ways having been render- ed inoperable. And, as I stated to Mr. 'ward verbally, from all in- formation in hand it would seem that any claim they may make for re- moval of ways or loss due to removal of ways, was a matter for them to take up with the people from whom they obtained lease. 2nd.- As regard Ways No. 2, removed November 1st, 1923, on account of being inoperable by construction of the Operator's house for the south leaf of Bascule bridge now being installedi I will say that I have talked with Mr. Brunson, United States Engineer at Miami Beach, asking him whether or not orders had been issued making it ne- oesaary for ways at this point to have a certain depth below mean low tide at harbor line, and whether or not the ways in question had been ordered changed or removed. Idr. Brunson advised that no orders had been issued for removal of these ways, nor had such procedure been contemplated. ;;e then asked if the ways had been put in by Government permit. He could not find where permit had been issued for this structure, but said that he would trace the matte further so as to give u3 a more definite answer. I have gone through our records regarding the permit for - the 2nd Avenue Bridge, and find that this was obtained through Har- rington, Howard & Ash. This plan shows neither operator's house nor the fender protection for operator's house, but does show the south - side down -stream fender and northside up -stream fender. Harrington Howard & Ash's regular layout plan, to vlrioh this bridge is being oon- etructed, shown the operator's house on the southside to extend 31'7" from :;enter line of bridge, Which was center line of Southwest 2nd Avenue before widening. This plan also shows the fender protecting Deoembe r 4, 1923. the operator's house on southeide up -stream ae extending from oenter line of bridge a distance westward of 38'1". The drawing accompanying the ap- plication for permit shows a bridge width of 50' - that is, 25' each aide of oenter line outside of harbor line, and on the southeide and to the west- ward of center line of bridge we own property for a distance of 30', and there is little chance of the Government Engineer making objection to this operator's house extending a few feet outside the granted right. However, inasmuch as this is an encroachment in front of the owners or tenants of the river frontage here, it would seem no mare than equitable that we reimburse the Atlantis Boat Yard Company for the expense of removing their plays No. 2 and an allowance for rental that oould have been earned from the time of the ways' removal until January 1924, as Mr. Ward suggests, and also the cost of replacing Ways No. 2 at a new site. Mr. ward, however, is asking us to bear the cost of dredging for this Ito. 2 ways at a locatior, to the westward that would put the ways en- tirely book of the harbor line. In other words, it would seem to me that Mr. ward is asking for a better ways than the one he took up, and this and any cost of dredging I do not think we should be asked to pay. I would recommend that the Atlantic Boat Yard Company be paid not to exceed the cost of removing No. 2 ways, whioh I6r.Ward has shown to be 81.00; allowanoe for loss on ways rentals November let, 1923, to January nd, 1924, fifty-two working days at 410.00 - 4520.00, and the oost of re- building ways No. 2 without exoavations - 41250.00, making a total of $1851.00., I am returning Lir. Ward's letter and plan. - Yours very truly, ERNEST COTTON Director of Public Service. MIALII-HIALEAH GOLF 00URSE BILLS PAYABLE BY THE CITY OF NIMBI The City Manager submitted to the Commission communication addressed to him from J. F. Cha ills in referenoe to moneys expended by the Miami -Hialeah Golf Club sine the pur- chase of that Golf course by the City of Miami and which Mr. Oha ills reports is due to that Club by the City of Miami. After being read the communication was, on motion duly made and seconded, ordered filed and spread upon the minutes of the meeting. Said communication is as follows: Mr. Frank H. Wharton, City Manager, Miami, Florida. Dear Sir: Deoember 1, 1923. I am handing you herewith complete statement of the liabili- ties incurred by the Miami -Hialeah Golf Club and the operation of same since the date that the City took it over Sept 11, 1923, made by the Golf Club auditor, Lir. E. B. Grahan. You will note that the statement is made out in two parts; that which they have paid, totaling 46966.80 and that which is yet unpaid totaling the sum of 41037.00. All invoices have been 0.K'd by the Suparintondent and myself. During that time our receipts were 01181.00, so t]kis will leave a bal- ance of 04785.80 that the City is now due the Golf Club for moneys ex- pended in operation sirioe said ownership. If you find these correct you can remit the Golf Club this money through Mr. Graham, their auditor. Yours very respeotfully, JOSIAH F. CHAILLE Attached to the oommunication of mr. Chaille was the report of the Golf Club Auditor, Mr. E. B. Graham, which said report was filed with the communication'. AUTOMOBILES FOR HIRE ORDINANCE REGULATING DRIVERS OF An ordinanoe entitled; AN ORDINANCE REGULATING DRIVERS OF MOTOR VEHICLES FOR -HIRE IN THE TTRANSPOR'TATION OF rERSONS; PROVIDING A LICENSE TAX FOR SUCH DRIVERS; FIXING THE AMOUNT OF SUCH LICENSE TAX ANNUALLY; PROVIDING Pi NAL- TIES FOR THE VIOLATION OF THIS ORDINANCE was introduced by Ir. Leffler. On motion of Mr. Leffler, seconded by Mr. Gilman, the said ordinance was given its first reading and was read by title only. Moved by Mr. Leffler, seconded by L1r. Lummus, that the said ordinanoe be passed on its first read- ing. on roll call the vote thereon was as follows; AYES: Messrs. Romfh, Lummus, Wil- son, Leffler, Gilman. NOES; None. motion carried unanimously and the said ordinance passed on its first reading. JITIEY BUSSES ORDINANCE REGULATING JITNEY BUSSES An ordinance entitled: AN ORDINANCE REGULATING JITNEY BUSSES IN THE CITY OF MIAMI AID PROVIDING A PENALTY FOR THE VIOLATION THEREOF was introduced by Lir. wilson and on motion of Mr. Wilson, eeoonded by Mr. Leffler, the said ordinance was given its first reading by title only. Moved by mr. Wilson, second- ed by i,:r. Gilman, that the said ordinanoe be passed on its first reading. On roll call the vote was as follows: AYES: Masers. Romfh, Lummus, Wilson, Leffler, Gilman. NOBS: Bone. Liotion unanimously carried and the said ordinance passed on its first reading. December 4, 1923. OOMPLAINPIN REFERaNCE TO SIDEWALKS OVERGROWN WITH WEEDS BY ROY D. MARSH Mr. R. D. Marsh appeared before the Commission and complained of the impassable condition of the sidewalks in the vicinity of the Southside School due to weeds, grasp, etc. growing over the walks and causing an obstruction that makes it ne- cessary for pedestrians to use the street for travel. Mr. Marsh was assured by the Commission that the condition would be remedied. BUILDING CODE FOR SOUTHERN STATES SUBMITTED BY MR. SHAINE Fire Chief Coleman intrcduoed to the Commission Mr. Shane of Atlanta, Georgia, who submitted to the Commission a Building Code recently adopted by hie City and whioh was prepared by a Committee appointed by the City Counoil of Atlanta with a view to having a similar ordinance passed by other cities in the southern States. mr. shane addressed the Commission on how the Committee that prepared the Code was appointed, who it was composed of and the points considered by the Committee. The Building Code submitted by Mr. Shane was filed with the Director of public Service. ADJOURNLWVT There being no further business to oome before the Board, on motion duly:made and seconded the meeting was adjourned. ATTEST: -r. 1.J I , 4.11 pmpripliliplrivITIIIIIIII CIS OF MtAmsIi DOCUMENT MEETING DATE: INDE December 4, 1923 ITEM NO4 DOCUMENT IDENTIFICATION COMMISSION 1 RETRIEVAL ACTION CODE NO. 1 2 3 4 5 6 ACCEPT BID -KNIGHT & LOMAS FOR PASSENGER WAITING ROOM AT CITY DOCKS ACCEPT BID-O'NEILL-ORR CONSTRUCTION COMPANY FOR BASEBALL GRANDSTAND AT TATUM PARK DENYING REQUEST OF HARVEY SEEDS POST NO. 29 OF AMERICAN LEGION AUTHORIZING SALE OF CERTAIN LIVESTOCK AND EQUIPMENT BELONGING TO THE CITY OF MIAMI AUTHORIZING PURCHASE OF TRUCK AND AUSTIN ROLLER FOR STREET DIVISION AUTHORIZING PAYMENT OF $2,500.00 TO NYE ODORLESS CREMATORY COMPANY R-1136 R-1137 R-1138 R-1139 R-1140 R-1141 01136 01137 01138 01139 01140 01141