HomeMy WebLinkAboutCC 1923-12-11 MinutesCIT
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COMMISSION
MINUTES
OF MEETING ELD ON December 11, 1923
PREPARED Itt THE OFFICE OF THE•CITY CLEW
CITY HALL.
December 11, 1923.
4
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17'
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MINUTES OF TES MEET/NG OF THS BOARD OF COMITISSIONERS 0? THE OITY OP MI/MI, FLORIDA.
On the llth day of Deoember, A. D. 1923, the Commission of the Oity of Miami, Florida,
met in regular session at the Oity Hall in Miami, Florida. The meeting was celled to
order at 900 o'clock a. m., by Chairman Alt and on roll call. the following members
were present:
E• 3 •
ABSENT: None.
READING OF MINUTES
Romfh, J. S. Lummus, J. I. Wilson, J. E. Gilman, O. D. Leffler.
OP LAST MEETING
The Clerk read the minutes of the meeting of December 4th, 1923, whioh were approved
and accepted as written.
ATLANTIC BOAT YARD COMPANY
The City Manuger submitted written oommunication
December 10th, 1923, in reference to claim of the
being read was, on motion duly made and seoonded,
minutes of the meeting. The communioation is as
City Commission,
Miami, Fla.
Gentlemen:
SETTtRunT OF OLALK OP
to the City Commission underdate of
Atlantic Boat Yards, which after
ordered filed and oopiedupon the
follows:
December 10, 1923.
In my communication to you dated December 4th, outlining a
settlement with the atlantic Boat Yards, in Which letter I reoommended
paying them ;'2.851.00 for the damages and lose sustained by them by rea-
son of their having to take up two of their Marine Rail Tracks to make
room for the 3w 2nd Ave. 3ridge.
I have taken this matter up with Mr. aarc}, Manager of the At-
lantic Boat Yards, and he has agreed to take this amount in full aettle-
ment of their claims.
I would therefore, ask that a resolution be passed authoriz-
ing the payment of 0.8E1.00 in full settlement thereof, same to be paid
out of the Bridge Bond Fund.
Respectfully,
F. H. .1,,A1TUN
City Manager.
It was the sense of the Commission that the settlement recommended by the City Mana-
ger was an equitable adjustment of the claim of the Aatlantic Boat yards and thereupon
the following resolution providing for the payment of the said amount to the Atlan-
tic Boat Yards was offered by Mr.ailoun:
RE00LUTI0LO. 1142.
A RESuLUTIO,. AU2EU11ZIT;G THE PAYI.EIT OF 41851.00 TO
THE ATLANTIC BOAT YARDS COMPANY AND APPROPRIATING SAID
SUM OF MahEY FROM. Th:4 a. a. 6SC01D AVELUE BRIDGE BOND
FUND FOR THE PVRPOSE Ui" MAKING SAID PAYMENT IN PULL
6ETTLEM1T OF THE CLAIM OF THE SAID ATLANTIC BOAT YARDS
COMPANY A,1AI1ST THE CITY OF MTAIJI.
WHEREAS, the City Manager and Director of public Servioe have here-
tofore reported on the claim of the Atlantic Boat Yards Company, aS shown
in the minutes of the meeting of the Commission on the 4th day of December,
1943, und
WHEREA2, the City Manager reuommends that the sum of 0.8.51.00 be paid
to said tlantic Boat Yards Company in full settlement of their claim
against the City en account of removing and relocating their marine ways
made necessary by the coaatruction of the a. Vi. nd Avenue Bridge; and re-
ports that the said company has agreed to accept this amount in full settle
ment of their claims,
THEREFORE, BE IT aE6ULVE11 by the Commission of theaity of MiaMi:
1. That the City Manager be, and he is hereby, authorized to pay to
the Atluatic Boat yards Company the stem of 0.851.0o in full settlement of
their claims against the City of Miami for losses sustained in removing and
relocating their marine ways.
2. That the said sum of :1851.00 be, and is hereby, appropriated from
the 6. 'a. aeaond Avenue Bridge Bond ll'und for the purpose of making said
settlemen.
Motion by ar. seconded by ar. Gilman, that the said resolution be passed and
adopted. jn roll call the vote thereon was as follows: AYS: Masers. Rom, Lum-
mus, Wilson, ailmar, LeifIcr. Luaar Lone. Motion carried unanimously and the said
resolution passed and aaopted.
PAYLLS,LT OF BILL 02 TRA1.114,1LL
The city At
the balance
to do with
munioation
the it At
payment the
followa:
FOR SERVIOES AS SPECIAL MAST121,4208.58
terney submitted to the Commission written communication in reference to
due iorth Tramell, as special master in ohancery, in a oaee whioh had
the litigation to quiet the title to the Bay Front. Attached to the oonv7.
of the t;ity Attorney was statement from Mr. Trammellwhioh was approved by
torney. After an examination of the bill a resolution authorizing the
reof was introduced by Ur. Gilman. The said resolution is in full as
Gentlemen:
464 December 11, 1983. .
RESOLUTION 1 O. 1143.
1
1
WHEREAS, the City Attorney has submitted bill of Worth W. Tram-
s moll for services as special master in the Case of City of Miami vs.
Jones, et al, said bill having been approved December 7th, 1923, by
k the City Attorney, and
WHEREAS, it is necessary that an appropriation be made to take
care of th.e said bill,
• THEREFORE, BE IT RESOLVED by the Commission of the City of Mi-
ami l
1. That the City Idanager be, and he is hereby, authorized and
direoted to pay to Worth W. Trammell the sum of 0208.58 for services
as special master in the case set forth in the preamble of this reso-
lution.
2. That the sum of 0208.58 be, and is hereby, appropriated from
the GENERAL FUND SURPLUS for the purpose of making said payment.
A RESOLUTION AUTHORIZING THE PAYMENT OF 10208.58 to
W. W. T'RA,MM LL, A8 SPECIAL MASTER IN THE CASE OP CITY
OF MIAMI VS. JONES, ET AI.
Motion by Mr. Gilman, seconded by Wilson, that the said resolution be passed and
adopted. Roll celled and the vote thereon was as follows: AYES: Messrs. Romfh,
Lummus, Wilson, Gilman, Leffler. NOES: Nene. Motion carried and the said reso-
lution passed and adopted.
WOMAN' S CLUB LIBRARY ON WATER FRONT OPINION OF CITY ATTORNEY
m The City Attorney submitted written communication addressed to the City Commission
under Date of December 8th, 1923, giving his opinion as to the legal right of the
City of Miami to donate to the Woman's Club a site en the Voter Front for the er-
ection of a public library for the use of the public. After being read the oommu-
nication was ordered filed and the clerk direoted to place same upon the minutes
df the meeting:
The City Commission,
Miami, Florida.
1
I am requested by you to give you a written opinion as to
the legal right of the City of Miami to donate to the Woman's Club a
site on the Water Front for the erection of e public library for the
use of the public.
That part of the "submerged lands" below high water mark ex-
tending from the South line of old Sixth Street extended, and the South
line of old Eighth Street extended, came from the State, by an Act
passed at the special session of the Legislature in 1918, and that
part of the "up -land" immediately adjoining this "submerged land" on
the west came from the Florida East Coast Railway Company. This Act
of 1918 conveying the submerged land, conveyed it for "use for park
purposes". The deed of the up -land from the Florida East Coast Rail-
way contained no limitations upon the use of the property, but in the
case of the Florida East Coast Railway Oompany versus Worley, 49 Fla.
297, 38 So. 618 , the Supreme Court held that the parcel of land be-
tween Biscayne Drive and the Bay, extending from a line drawn across
the strip at a point opposite the center of Seventh Street, to a si-
milar line drawn across the Street opposite the center of Third St.,
was and is dedicated as a public park.
The 1918 grant from the Legislature was a Special Act pass-
ed less than 60 days after the Governor had called the special ses-
sion. But it appears that the identical Act had been introduced at
the regular 1917 session, and there passed, but vetoed by the Gover-
ner after adjournment of the Legislature.
It has been suggested that if the Act of 1918 is unconsti-
tutional and void, then there would be no doubt about the right of
the City t o give the Woman's Club a site for their library and Wo-
man's Club building en the submerged .land between old Sixth Street
extended and the south line of Eighth Street extended, and the ques-
tion arises;
December 8th, 1923.
In re; Application of Woman's Club
to erect Library on Water Front.
(1) Was the act of 1918 invalid because
60 days' notice of intention to pass it
could not possibly have been given af-
ter the Governer called a special session
of 1918, under the argument of the Supreme
Court in Horton v. Kyle, 88 So. 75?
The validity of this Act can be sustained as against this
charge that notice could not have been given, without falling back
upon those cases v.hich hold that Section 21, of Article III,of the
Constitution does not apply to Municipal acts. It is the same aot
which was passed at the regular session and we are entitled to pre-
sume under Florida state decisions that the necessary 60 days' no-
tice was given during or prior to the regular session of 1917. Arti-
cle III, Section 28, provides that if the Legislature by final adjourn;.
ment prevents the return of a bill within five days after it shall
have been presented to the Governor the bill shall be a law unless '
the Governor within ten days after adjournment files the bill and
his objections with the Secretary of State, and in the latter event
the seoretury of State shall lay it before the Legislature at its
1110r 1 r rOlnr.n awimuII a r. ui
Illimmaninomu lllllllili■i■liillllliil ll!•" IIIIIIIIIIII!
December 11, 1923.
it
Eli
NEI
next session and if it shall there receive two-thirds of the votes
present it shall become a law.rxaotly that procedure was carried
out. It was not a bill originally introduced at this apeoial ses-
sion, and therefore the doctrine of the Kyle case dons not apply,
and the usual presumptions do apply.
In my opinion, therefore, the grant of these submerged
lands for use for park purposes was a valid and constitutional grant
by the Legislature.
The next question is:
(2) Is a library a park purpose?
In my opinion it is. The only clear ease that I find up-
on the subjeot is that of Laird v. Pittsburgh, 205 Pa. 1. Several
other cases approach the point, but regardless of the fact that I
find only one clear case on this question, there seems to be no sa-
tisfactory answer to the proposition that a public library is a park
purpose, and I believe that our Supreme Court would hold it to be
such a purpose.
Judge Dillon, who is regarded as an authority upon the
law of Municipal Corporations, states that a park may be devoted to
any use, which tends to promote popular enjoyment and recreation.
$e says, that althJugh primarily involving the idea of open air and
space, occupation in part by free public libraries, and other agen-
cies contributing; to the aesthetic enjoyment of the people is not a
perversion of the lands from park uses. These are maintained for
the use, convenience, and recreation of persons resorting to and
using public parka.
And this brings us to the next question;
(3) Assuming that the land is dedicated to
park purposes alone, and assuming that a library
is a park purpose, may the City delegate to others,
and in particular to the Woman's Club, the making
the land effective for the given purpose and con-
vey the land by deed or long time lease to that
end?
So far as my investigations have extended, it seems to
be agreed that,, granted this power to sell or lease City property,
the City can nevertheless not farm out public work entrusted to it,
exoept upon the condition that the Jity shall retain the complete
right of regulating the matter so farmed out in the public inter-
est, even to the regulation of the explicit use, within the purpose
stated.
Some courts have held short time leases of a part of park
property to be valid, but in most of these cases the decisions have
made a point of the short time of the leases construed by the courts.
A sale or a long time lease of part of the public park to the Woman's
Club, for the erection of a public library, or to others for other
purposes, would not, in my opinion, be held valid by the courts.
£he erection of a public library by the Jity is doubtless within the
power of the City, but the erection of a public library by the Wo-
man's Club, or by others, not managed nor controlled by the City, and
without reserving to the City the right to make all regulations as
to express use and as to manner of use which the City itself from time
to time would be authorized to make if it directly owned, controlled,
and managed the property for park purposes, would not, in my opinion,
be held by the courts to be a valid disposition or use of the park
property.
I1, on the other hand, the public library desired to be
erected upon the public park is one Which is managed and controlled
by the City, wherein the Jity reserves the right to make ull regula-
tions as to its use and as to the manner of its use, as fully as the
City could itself from time to time do if it owned and controlled
the building, then, under such conditions, it is my judgment that
the City could authorize the erection of this public library, but
such reservation of authority, management and control by the City,
to be valid, would have to be clearly formulated and properly express-
ed before the erection of such building.
Respectfully submitted,
A. J. ROSE
City Attorney
SUSAIT . WARNER VS. JITY
Communication from the City At
the City and costs of court in
tate of James ;earner, deoea
made and seconded, was ordered
communication is as follows;
fhe City Commission,
Miami, ? lorida .
Gentlemen:
AUTHORIZING PAYMENT OF JUDGOUT
torney recommending the payment of the judgment against
the case of Susan .'+.'. Warner, Administratrix of the As -
sad, vs. City of Miami, was received and on motion duly
filed and copied upon the minutes of the meeting. Said
Zeoember 5th, 1923.
In re: Susan E. Warner, Administratrix of
the listate of James S. Warner, deceased, vs.
City of Miami.
This suit has been pending since May let. 1922, and was based
upon the olaim that "Coe's Leon Cutters" ravished the nursery stock and
fruit trees and cut all the stock down and the plaintiff claimed that
the damage to the property was 42800.00.
The case was tried today and there was a verdict for the plain-
tiff for ,,750.00 plus 4114.50, and oosts of oourt amounting to *32.01,
or a total of 48'i4.51.
- 466 December 11, 1923.
•
•MrAIMM11111119ENIERVEGEMISE1=11111111111111111111111111111111111111111111111111111111111111 111111111 1111111111 III IIJI i JI 111 l IIIIIIII I II I
I recommend, in view of all the oiroumetanoes, that
no appeal be taken because the ease is one purely of fast and
not of law, and that the amount be paid, or provision made in
the next budget for levy of tax to pay the same.
Very truly yours,
A. J. ROSE
City Attorney
Thereupon a resolution authorizing the payment of the judgment and the caste of
oourt and making an appropriation for the purpose of paying same was introduoed
by Mr. Wilson. The resolution is as follows:
RESOLUTION N0. 1144.
A RESOLUTION AUTHORIZING THE PAYMENT OF THE JUDG-
MENT AND COSTS OF OOURT IL THE CAST; OF SUSAN W.
WARNER, ADMINISTRATRIX OF THE ESTATE OF JAIrIES E.
WARNER, DECEASED, VS. CITY OF MIAMI AND ]MAKING AN
APPROPRIATION OF THE SUM OF *894.51 FROM THE GENER-
AL FUND SURPLUS FOR THE PURPOSE OF MA1:ING $UCH PAY, -
MELT.
WHEREAS, in the case of Susan E. Warner, Admimistratrix of the
Estate of James E. warner, deceased, vs. the City of Miami, a MUnioi.
pal Corporation, verdict was rendered in favor of the Plaintiff in
the sum of y 862.50 and costs of court amounting to 032.01, making a
total of ;894.51, and
PIHEREAS,'•the City Attorney recommends that no appeal be taken
on account of the case being one purely of fact and not of law and
that the amount be paid,
THEREFORE, BE IT RESOLVED by the Commission of the City of Miami:
1. That the City ,.anager be, and he is hereby, authorized and
directed to pay the amount of judgment and costs of court in the case
hereinabeve set forth.
2. That the sum of 4694.51 be, and is hereby, appropriated from
the GENERAL FUND SURPLUS for the purpose of making said payment.
Moved by i..r. wilscn, seconded by Mr. Gilman, that the said resolution be passed and
adopted. Roll called and the vote thereon was as follows: AYES: Messrs. Romfh,
Lummus, Nilson, Gilman., Leffler. ROES: one. Motion carried unanimously and the
said resolution passed and adopted.
APPLICATIOI; OP BELCHER ASPHALT PAVING CO. FOR PERMIT FOR GASOLINE STORAGA
.he natter of the application of the Belcher Asphalt Paving Company for permit to
use 25,000 bbl. storage tank situated on their property for. the storage of gasoline
coming up for discussion a resolution was offered by LIr. Lummus denying the request
of the Belcher Company for such permit. The resolution is as follows:
RESOL'JTIOR NO. 1145.
A RESOLUTION T IIYIIZG THE APPLICA'T'I0N OF THE BEL-
CHER ASPHALT PAVING CON1ANY FOR PERMIT TO USE
25,000 BBL. STORAGE TANK LOCATE ON THEIR PROPER-
TY FOR TEE STORAGE OF GASOLINE.
WHEREAS, the Belcher Asphalt paving Company have made applioation
tc the City to permit them to use a 25,000 bbl. storage tank located on
their property for the storage of gasoline, and
WHEREAS, it is deemed unadvisable by the City Commission of the City
of Miami that such permit be issued by the City,
THEREFORE, BE IT RESOLVED by the Commission of the City of Miami,
that the application of the Belcher Asphalt Paving Company for permit to
use 45,000 bbl. storage tank for the storage of gasoline be, and the same
is hereby, denied.
Moved by i..r . Lummus, seconded by Lir. . Wilson, that the said resolution be passed and
adopted. Roll call anu the vote thereon was as follows: AYES: Messrs. Romfh,
Lu:14Mu8, i1son, Leffler, Gilman. NOi3S: Lone. Motion carried and resolution passed.
HIGHLEYIJAN OPFEii FOR FILL AT "ELSER PIE" REFUSED BY CITY' OUMMISSION
And the matter of the communication to t,_e jity Commission. from L. T.Highleyman
coming up for discussion a resolution refusing the offer of Mr. Highleyman was of-
fered by irir. rlilson. Said resolution is in full as follows:
RESOLU i I01+ NO. 1146.
A RESOLUTION DECLINING PEE OFFER OF L. T. HIGH-
LEYLIAN To ALLOW THE 0I2Y TO FILL IN THE BAY FRONT.
AT ELSEl3 PIER.
WEERSks , under date of December 3rd, 1923, Mr. L. T. HI-ghleyman
submitted to the City written offer to allow the City to fill in the
property owned by him known as "Eller pier" in the same manner as the
fill to be made by the City of Bay Front property ousied by the City
of Miami, and
WHEREAS, after due consideration the Commission deems it unad-
visable to accept the said offer of Mr. L. T. Highleyman,
THEREFORE, BE IT RESOLVED by the Commission of the City of Miami,_
thi.t the offer of Lir. L. T. Highleyman to allow the City to fill in
the Bay Front property owned by him and known as "Eiger Pier", under
the conditions and terms set forth by him in said offer, be, and the
same is hereby, declined.
+slit... "(.:,I�...... _...;k^..�.
December 11, 1923.
Motion by idr. Wilson, seconded by Mr.
On roll oall the vote wan as follows:
Gilman. NOES; None. Notion carried
RATIFYING CONTRACT WITH KUIGHT & LOMAS CO.
Leffler, that the said resolution be adopted.
AYES; Messrs. Romfh, Lummus, Wilson, Leffler,
and the said resolution adopted.
FOR PASSENGER WAITING ROOM AT CITY DOCKS
•
The City Manager submitted at this meeting the contract between J. M. Knight and Geo.
Lomas, doing business under the firm name and style of Knight & Lomas Co., and the
City of Miami for the construction of Passenger Waiting Room on City Docks a000rding
to plane and speoifications of H. Hastings Mundy, Arehiteot. After an examination of
the oontraot and the same meeting the approval of the Commission, a resolution oonfirm-
ing and ratifying the execution of the said contract was introduoed by Mt'. Lummus:
RESOLUTION NO. 1147.
A RESOLUTION RATIFYING AND CONFIRMING THE EXECUTION
OP CONTRACT BY THE CITY MANAGER, FOR AND ON BAHAU OP
THE CITY OF Metal, WITH THE KNIGHT & LOMAS COMPANY FOR
CONSTRUCTION AIID ERECTION OF PASSENGER WAITING ROOM ON
THE MUNICIPAL DOCKS.
WHEREAS, the City Commission of the City of Miami, Florida, by reso-
lution adopted December 4th, 1923, authorized and direoted the City Mana-
ger to enter into contract with J. M. Knight and George Lomas, doing buei-
nese under the firm name and style of Knight & Lomas, for the oonatruotion
and erection of Pasaerrger :;aitin; Room on the Municipal Docks, and
Y,HEREle, the City Manager has 'submitted said contract duly executed
by the City of Miami and the contructor together with bond furnished by
said contractor, both bond and oontraot having been approved as to form
and execution by the City Attorney.
THERL'FORi:, BE I1' RESOLVED by the Commission of the City of Miami
that the said contract between the City of Iuliami and the said Knight & Lo-
mas Co. for the construction and erection of Passenger Plaiting Room upon
the municipal Docks be, end the acme is hereby, ratified and confirmed by
the Commission of the City of Miami, Florida.
Moved by Er. Lummus and seconded by Lr. Vinson thet the said resolution be passed and
adopted. On roll call the vote was as follows: AYES: Messrs. nomfh, Lummus, Wilson,
Gilman, Leffler; NOES: lone. Motion carried and the resolution adopted.
RATIFYING CONTRACT WITH O'N ILL-ORR C01i6'TFU0TI0Ii CO. FOR BA6EB1LL GRANDSTAND AT TATUM PARK
Also submitted at this meetinee by the City Manager was contract between O'Neill -Orr
0onstruction company and the City of Miami for the construction of Baseball Grandstand
at Tatum park, according to plans and specifications of H. Hastings Lundy, Architect,
and ufter an examination of the contract and the seam meeting the approval of the Com-
mi::sion a resolution confirming and ratifying the execution of the se id oontraot was
introduced by ;lr. Gilman:
RESOLUTION NO. 1148.
A RESOLUTION RATIFYING AND CONFIRMING EXECUTION OF
C ON liiAC2 BY 'THE CITY MANAGER, FOR AND ON BEHALF OF
THE CITL OF MIAMI, WITH O'IIEILL-0RR CONSTRUCTION
CO. FOR CONSTRUCTION AND ERECTION OF BASABALL GRAND-
STAND ON BLOCI: "A", LAWRENCE ESTATE LAND COMPANY'S
SUBDIVISION.
WHEREAS, by resolution adopted Deoember 4th, 1923, the City Commis—
sion of the City of Miami, Florida, authorized and directed the City man-
ager to enter into contract with O'Neill -Orr Construction Company for the
construction: and erection of Baseball Grandstand on Block "A", Lawrenoe
Estate Land Company's Subdivision, and
WHEREAS, the City Manager has submitted said contract duly executed
by the City cf Miami and the contract together with bond furnished by said
contractor, both bend end contract having been approved ae to form and ex-
ecution by the City Attorney,
THEREFOR::, BE IT RESOLVED by the Commission of the City cf Miami
that the said contract between the City of Miami and O'Neill -Orr Construc-
tion eompary for the erection and construction of Baseball Grandstand on
the premises he'einabove set forth, and the bond furnished by said Contrao-
tor for the fuithful performance of the oontraot, be, and the sacra is here-
by ratified and confirmed by the Commission of the City of Miami, Florida.
moved by Mr. Gilman, seconded by Mr. 'Nilson, that the said resolution be passed and
adopted. Roll called and the vote was as follows: AYES: Masers. Romfh, Lummus, Wil-
son, Leffler, .Jilfan. LOSS: 1;one. Motion oarried and the resolution adopted.
AUTOMOBILES FOR -HIRE
An ordinanoe entitled;
AN ORDINANCES REGULATING DRIVERS OF MOTOR
VEHICLES FOR HIRE IN Tiny TRANSPORTATION OP
PE:i ONS; PROVIDING A LICENSE TAX FOR SUCH
DRIVERS; FIXING THE AMOUNT OF SUCH LICENSE
TAX ANNUALLY; PROVIDING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE
passed on its first reading Deoember 4th, 1923, came up for its second reading and -on.
motion of Mr. ';diem, seconded by iir. Gilman, was given its second and final reading
and was read in full. Moved by Ilr. Wilson, seconded by I.ir. Leffler, that the ordi-
nance ue passed and adopted on its second reading. Roll palled and the vote thereon
was as follows: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: None.
Motion carried and the ordinance passed on its second and final reading in full.
The said ordinance is numbered 204 and is shown, as passed and adopted by the Commis-
sion, in Ordinance Book 1 at page/7q.
ORDINANCE REGULATING
4.6b December 11, 1923.
iMIA 111IIIIIII.1111II111
JITNEY BUSSES -FOR 4IBA
An ordinance entitled;
AN ORDINANCE REGULA'ING JITNEY BUSSES IN
THE CITY OF MIAMM1 AND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF
EOF
passed on its first reading December 4th, came up for its second reading and on
motion of Mr. Gilman, seoonded by hir. Leffler, was given its second reading and
was read in full. Moved by Mr. Gilman, seconded by Mr.Lummus, that the said or-
dinanoe be passed and adopted on its sdcond reading in full. Roll called and the
vote was as follows: AYEZ: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES:
None. Motion carried unanimously and the said ordinance passed and adopted on
its second reading. The said ordinance is numbered 205 and is shown in Ordi-
nance Book 1 at page/p/ as passed and adopted by the Commission.
AUDIT OF CITY BOOKS
ORDINANCE REGULATING
APPLICATION 0P M. S. LANIER
The following communication under date of Deoember loth, 1923, from M. 3. Lanier
was reoeived, and on motion duly made and seoonded was ordered filed and copied
upon the minutes of the meeting:
December 10, 1923.
Gentlemen of the
City ()omission:
I respeotfully submit my application for the City Au-
dit for the•City of Miami, to be performed either at my convenience
or on instructions of the Direeto r of Finance immediately after the
close of the fiscal year, December 31st.
I am the only Certified Accountant in the City of Mia-
mi who is a local man. I am the only accountant in the City of Miami
who is a college gaaduate and a lawyer. 1 am the only accountant in
the City of Miami who has had utility experience.
1 was general auditor of the Miami Telephone Co. for
over two yearn.
11 this: work is given me, I will do it personally. I
understand this business has gone to a firm out of the State for
years, who send a thirty-five dollar a week bookkeeper for the job.
I have lived in this town seven years. I pay taxes
in the City of Miami. 1 have been a certified public accountant twen-
ty years. hly reputation is unimpeachable. my price is Five dollars
an hour for myself and Two dollars per hour for my assistant, with
the guaranty th.t the audit will not exceed the price paid last year.
The audit shall include the hospital and all departments coming un-
der the jurisdiction of the City. The audit shall begin as soon af-
ter January 1st as may be convenient; and the terms of payment shall
be weekly as the work progresses.
I have made four City audits since June 5th, personally;
and I respectfully refer you to the City of Homestead for whom I de-
signed a fiscal system. I refer you to Mr. Wahler, former General
manager of the Telephone Co.
I ask the City 3o:nmission •for a fair deal. Let's play
ball. Art is long and time is fleeting; and I respectfully request
the chairman to call for a vote.
Respectfully yours,
M. 6. LAJAISR, 0.P.1)..LLB.
There was no action taken, by the Commission on the application of Mr. Lanier.
BIDS ON SIDEWALL AND PAVING CONSTRUCTION RECEIVED
This being the date set for receiving sealed proposals for the construction of
bituminous macadam paving under contract 11o. 49, covering Highway Improvements
No. H-e06 to H-S12, both inclusive, and for receiving sealed proposals for the
construction of concrete sidewalks under sidewalk contract VC. 25, covering
Sidewalk Improvements l;o. 45 to 4a, both inclusive, on motion of Mr. Wilson,
seconded by L:r. Gilman, the bids received were ordered opened and read. The
following contractors submitted bids:
Contractor; Improvement) Certfd.Ck. Cashrs.Ck. Bid Bond
Menghan 3onstructicn ;o. pv. 49 `"600.00
Chas. a. ailrnore Sk. 25 500.00
Davis 3oi,struction Co. Pv• 49
Davis Construction. co. 4k. 25
Liergan-Hill paving Co. Sk. 25 4350.00
The Coca_ Construction 3o . Sk. 26 4500.00
idnngham 3enstruction Co. Sk. 25 600.00
E. i. Lasseter Sk. 45 557.79
J. 1. :7ig;inten Bk. 26 513.71
E. L. Garretson Sk. 25 4500.00 '
Bunnell & Ca it Sk. 25 4493.00
Biscayne engineering Co. Sk. 25 4550.00
2. .i. l cGahey Pv. 49 085.00
John J. Quinn Co. Pv. 491500.'OO
£hereupon, uhcn motion of Mr. Wilson, seconded by hif. Lummus, the bide reoeived
were referred to the City Manager and the Director of Public Service for tabula-
tion and report back to the Commission at the next regular meeting.
PAYMENT TO JUHN W. ,x ;xaM sUTHORIl,'r:D
415 00.00
FOR N. E. SECOND. AVENUE PROPERTY
pursuant to instructions given at the last regular meeting the City Manager and
Assistant to the City attorney reported on the agreement between the City and
John I. Graham for strip of land on 1L. E. 2nd Avenue for street widening purs.
poses. After being read, on motion duly made and seconded, the reports of the
' D oeMber 11, 19M
of the City Manager and the City Attorney were ordered filed and copied upon the min-
utes of the meeting. Said oommunioations are as follows:
01ty Manager's report:
December 11, 1923.
City Commission,
Miami, Fla.
Gentlemen:
Referring to the agreement made on the 20th day of November,
1920, between the City of Miami and John W. Graham in reference to the
West 7i feet of Lot 18 of Biscayne Park Addition, which was deeded to
the City by Mr. Graham for sidewalk purposes, I am attaching hereto
the agreement and also the opinion of the City Attorney in reference to
the validity of said contraot.
For your information, this parcel of land was deeded to the
m City for the purpose of straightening out the sidewalk line on the east
side of 1;. E. 2nd Ave. The City agreed 'to widen the street at this
EE point, but nothing towards that end has ever been done and the street
remains now as it was then.
In view of the fact that the City has done nothing within the
period stated towards the widening of the street, Ltr. Graham now asks
that the City comply With the agreement, and that he be paid the 41500.
as agreed.
Reepeotfully,
F. H. V ARTON
City Manager
Asst. to City Attorney report:
The pity Commission,
Miami, Florida.
Gentlemen:
In re: John ;;. Graham.
December 10, 1923.
1 um he.cewith attaching the minutes of the meeting of the City
Council of November 30, 1920, and also the agreement by and between
the City of Miami and John W. Graham whereby John `,v. Graham agrees to
deed the 'vest 7e feet of Lot 18 of Biscayne Park Addition to Miami as
per plat thereof recorded in Book 2 of Plats, page 24, of the public
records of Dade County, Florida.
Under this agreement the City agrees that on or before three
years from the date thereof, to extend the width of a portion of that
certain street known as Biscayne Drive running Borth and South and
lying along the westerly side of the said Lot 18 to a width of 72.3
feet measured from the uasterly edge of the Bast sidewalk to the
westerly edge of the west sidewalk along the full length of the said
lot. If the City shall fail or neglect to extend the width of that
portion of the said street, then, urd in that event, the Jity shall
pay to the said Johr. W. graham the sum of 41500.00 in payment of the
property. If the city on the other hand widens the street to the re-
quired 72.3 feet on or before three year::,then, and in that event,
same shall constitute full and complete consideration of the deed of
conveyance of the above described property.
I have investigated the records and I find that Mr. Graham has
conveyed by warranty deed the west 7i feet of Lot 18.
yours very truly,
J. W. WATSON, Jr.
Assistant to the City Attorney.
Thereupon a resolution authorizing the payment of 41.500.00 to John !W'. Graham in oom-
pliance with the agreement was introduced by Mx. Lummus;
RESOLUTION N0. 1149.
A RESOLUTION AUTHO::IZIUG THE CITY LtANAGbIE? TO PAY TO JOHIit
W. GRAHAM THE SULL OF y1500.00 IN COMPLIANCE WITH AGREE-
IdEliT B.:TVvii:N THE CITY OF MIAMI AND THE SAID JOHN W. GRA-
HAM AIID APPROPRIATING THE SAID SUM FOR TEE PURPOSE OF MAK-
ING SAID SETTLEMENT.
WHEREAS, on the 20th day of November, A. D. 1920, the City of Miami
entered into agreement with John 'A. Graham for 7i feet of property on N.
B. Second Avenue, being the West 7i feet of Lot eighteen (18) of Biscayne
Park Addition, whereby said John W. Graham deeded to the City of Miami
the above strip of land on condition that the City, on or before three
years from the date of the said agreement, extend the width of the por-
tion of L. E. 2nd Avenue lying along the Westerly side of said Lot 18 to
a width of 72.3 feet, and in the event the said City of Miami fa ii ed or
neglected to extend the width of that portion of said Avenue to a width
of 72.3 feet before three years from the date of said agreement, then
the said Oity to pay John 6`l. Graham the sum of 41500.00 in payment for
the said deed to and conveyance of the above described property, and
WHEREAS, three years have elapsed since the date that the agree-
ment was entered into and the City of Miami hap failed to extend the
width of 11. E. 2nd Avenue as set forth in the contraot and is, therefore,
liable to l:ir. Graham in the sum of 41500.00.
NOlt, TEL;iE1+0R. , BE I'T RESOLVED by the Commission of the City of
Miami_ :
1. That the City Manager be, and he is hereby, authorized to pay
to John W. Graham the sum of 41500.00 in full and oomplete settlement
for the said deed to z,nd conveyance of the above described property.
2. That the said sum of 41500 be, and is hereby, appropriated
from the GELERAL FUND SURPLUS for the purpose of making said payment.
Sex.! 4140 FiiSi`kld {t±±,,�"((i '. S {aVf t ItM� tiS n 4�At
Deoember
11, 1923.
Miami, Fla. Deo. 10, 1923.
Moved by Mr. Lummus, seconded by Mr. Gilman, that the said resolution be passed
and adopted. Roll oalled and the vote thereon was as fdilows: AYES: Meesrs.
Romfh, Lummus, Gilson, Leffler, Gilman; NOES: None. Motion carried and the said
resolution passed and adopted.
PAYMENT TO J. J. QUINN COMPANY
FOR EXTRA WORE
The City Manager submitted communication under date of December llth, to which
was attached communication from the Direotor of Public Service to the City Mana-
ger, in reference to extra work on Paving Contract No. 37, amounting to 4234.90.
After being read the communications were, on motion duly made and seconded, or-
dered filed and copied upon the minutes of the meeting:
Communication from City Manager:
City Commission,
Miami, Fla.
Gentlemen:
December11, 1923.
I am attaching hereto the bill of J. J. Quinn Company
for extra work done on contract, and am also attaching letter from
theDireotor of Publio Service.
As the amount paid the J. J. Quinn Co. for extra work an
this contract exceeds the 0500.00 permitted to be added by the Di-
reotor of public Service, I would like a resolution authorizing the
payment of this bill amounting to 4234.90.
Respectfully,
F. H. VHARTON
City Manager
Communication from Director of public Service:
L1r. F. H. Wharton, City Manager,
City of Miami, Florida.
Dear Sir:
December 8, 19N3.
I am enclosing herewith bill of J. J. Quinn Co., for ex-
tra work done under their Contract Pv. 37 amounting to 4234.90.
In as much as the extra work for which they have been paid
amounts to 4590.00, it will be necessary to secure authority of the
Commission for the payment for this work, which was completed dur-
ing the early part of October.
Yours very truly,
rRNEST COTTON
Director of public Service
Thereupon the following resolution, authorizing the payment of said bill to the
J. J. Quinn Company, was introduced by LIr. Gilman:
RESULUTIOb NO. 1150.
A RESOLUTION AUTHORIZING THE PAYMENT OP 4234.90 TO JOHN J. QUINN
COMPANY OUT OF 'THE STREAT IMPRUVEui iT BOND FUND FOR EXTRA WORK
DONE UNDER PAVING CUNTRAC'P I10. PV. 37.
WHEREAS, the City Liana er has submitted bill from the
Company in the amount of 4234.90 for extra work done under
tract lac. 37 and requests authority to pay same,
2liEii]?ORS, BE IT iEs0LVED by the Commission of the Ci
that the sum of 0234.90 be, and is he.ceby, ordered paid fr
Improvement Bond Fund.
John J. Quinn
Paving Con-
ty of Miami
om the Street
Moved by iir. Gilman, seconded by 1.1r. Le/flay, that the said resolution be passed
and adopted. Roll called and the vote thereon was as follows: AYES: Messrs.
Romfh, Lummus, Viilsen, Gilman, Leffler. h0E3: hone. Motion carried unanimously
and the said resolution passed and adopted.
SIDEWALK. LIEL CALCELLED ON PROPERTY OF MRS. GEO. B. ATHERTON
Communication from Lira. Geo. 3. Atherton, under date of December 10th, 1923, re-
questing the City Commission to cancel sidewalk lien against her property on N.
Miami avenue on account of the sidewalk for which she is assessed having been
torn up in the widening and paving of N. Miami Avenue and that she would have to
pay for the new sidewalk that would be built to replace the one torn up. On mo-
tion of Mr. Leffler, seconded by L:r. Wilson, the communication was ordered filed
and copied upon the minutes of the meeting:
To the City Jomrnlasion of Miami, Fla.
Gentlemen:
I am the owner of Lot 15 in Seitter's Addition fronting
42 feet on Miami Avenue. About a year ago, sidewalks were laid in
front of this property and the assessment still stands with the ex-
ception of one payment ohioh I made when I paid nay taxes. The bal-
ance on this: Lidewalk assessment is .436.32.
When the City wanted to widen N. Miami Ave., I gave 10
feet for this purpose off my lot. my sidewalk has been tom up in
the paving of this street and a new sidewalk will have to be pu.t
down after the street is paved. I feel that the City ought to oan-
cel the balance due on the old sidewalk as I wilihave to pay fora
new one when the same is put in. ,
iiiii 111 1111iiunnnieieoi ii 1111 ripiplllll iipnru,i �n
471
December 11, 1923.
I have a little grocery store looated an this lot and
m' husband is an invalid, and has been confined to his bed for
nine months and perhaps will never. get better, and I am..,the sale
support of the family including two children. I feel that the Oity
would be justified in cancelling the aesessment.
yours very truly,
MR . Goo. B. ATHERTON
The City I;Ianager reported that in connection with this he had investigated and found
the circumstances the same as represented by Mrs. Atherton and recommended that the
assessment be cancelled as asked for. Thereupon a resolution cancelling the said as-
sessment was offered by Idr. Lummue and is as follows;
RESOLUTION N0. 1151.
A RESOLUTION CANCELLING AND SETTING ASIDE CERTAIN SIDE-
WALK LIEN ON LOT 15, SEITTER'S ADDITION TO THE CITY OF
MIAMI, FLORIDA, FOR THE REASONS SST POSH IN THIS RESO-
LUTION.
WHEREAS, Mrs. Geo. B. Atherton, owner of Lot 15 in Seitter's Addi-
tion, reports to the Com.aission, by written communication under date of
December loth, 1923, that the sidewalk laid in front of her property
fronting 42 feet on North Miami has been torn up in the paving of North
Miami Avenue; that the lien against the property for this particular
improvement is unpaid with the exception of one payament; that the bal-
anoe due on this assessment is : 36.32; and that she deeded to the City
10 feet of land neoessary in the widening of North Miami; and requests
that the City cancel and set aside the lien for the sidewalk now removed,
and
WHEREAS, the City Manager recommends that the City grant the re-
quest of Mrs. Geo. 3. Atherton,
THEREFORE, BE IT EnOLV,;D by the Commission of the City of Miami
that the sidewalk assessment against Lot 15, Seitter's Addition to the
City of Miami, Florida, in the sum set forth above, be, and the same is
hereby, cancelled and set aside.
Moved by Idr. Lummus, seconded by i,ir. Leffler, that the said resolution be passed and
adopted. Roll called and the vote thereon was ae follows; AYES: Messrs. Ramfh, Lum-
mus, Wilson, Leffler, Gilman. NOES: None. Motion parried unanimously and the said
resolution passed and adopted.
WIDENING OP N. E. 36th at.
PETITION FOR
Communication from Mrs. H. 3. Kime and others requesting the widening of N. E. 36th
Street between N. E. gnd Avenue and the Bay was received and after being read was or-
dered copied upon the minutes and referred to the Director of Public Service. Said
communication is as follows:
Miami, Fla. Deo. 3, 1923.
The honorable Board of City Commissioners,
Miami, Fla.
Gentlemen:
We, the undersigned property owners of that part of North-
east Thirty-sixth Street, lying between North-east Second Avenue and
Bay, respectfully petition your Honorable, Body to take the neoessary
steps to widen the paving on this street to a width of thirty (30) feet
from curb to curb, taking five (6) feet from each side of the street.
And we hereby agree to dedicate to the City, for the above
purpose, a five (I.) foot strip along the front of each of our properties,
with the understanding that sidewalks will be laid at the time of the wi-
dening of the street. (Signed)
Mrs. H. G. Kime and others.
the
RAISING GRADE OF S. W. NORTH RIVER DRIVE NOT ORDERED BY COMMISSION
The Director of Public Service brought up the matter of raising the grade of S. W.
North River Drive lti feet above the grade now proposed so as to take oare of the
overflow from the _liver. During the discussion it was brought out that the side-
walks along this street havealready been built to conform to the present grade of
the street and any ehange in the grade as now proposed would make it necessary to
rebuild the sidewalks. It was the sense of the Commission that an account of over-
flows from the river being of such infrequent ocourenoe it did not warrant the re-
construction of this street and the sidewalks and the Director of Public Service
was directed to proceed under the original plans and specifications.
WIDENING OF VIADUCT RECOIlL:ENDED BY Cli Lfl3ER OF COMMERCE
Douununication from the I.,iaei Chamber of Commerce under date of December 1st, 1923,
in reference to widening of viaducts of the oauseway across Biscayne Bay and the
building of other viaducts and fills, was received and ordered filed and copied
upon the minutes of the meeting. Said communication in full is as follows:
December let, 1923.
The City Commissioners,
Miami, ;,loriea.
Gentlemen;
A few weeks ago the subject of the neoessity of widening the
viaducts of the causeway crossing Bisoayne Bay was the matter of some
official discussion. At that time I took the matter up with the Di-
reetorr: of the Miami Chamber of 3ommeree and suggested that possibly it
would be the better plan to leave the present causeway as is for the
use of truce:::, and on which should also be built a railway track to
December 11, 1923.
acoommodate shipments by water which will be necessary after the pro-
posed fill is made in the bend of the present causeway and slips out
into same to accommodate additional ships owning into this port.
We feel that the Port of Miami is going to continue to grow
very fast and that it will be necessary for this city to make the pro-
posed fill within the next three years, and for the above reasons it
is my opinion that the County and City should make arrangements with
the owners of the Collins bridge causeway whereby a ouaseway 100 ft.
in width could be built out as far as the proposed fill of the City of
Miami and that the causeway continuing east from the west side viaduct
would leave the Collins bridge viaduct, traversing tge east side of the
proposed fill and connect with the present causeway near Palm Island.
It is also part of this plan that arrangements should be
made with the owners of Venetian Islands to continue a 50 ft. oauseway
across the Venetian Islands and Belle Isle to Miami Beach.
You will realize that with the above facilities that the
traffic to Miami Beaoh would be divided, allowing those automobiles
which are going to the north end of the Beach to continue across the
Venetian Islands, and those going to the south end of the Beach would
turn through the present County causeway.
The Directors of the Chamber of Commerce instructed me to
have a plat made of the above proposed plan and I am herewith submitt-
ing same to you.
Our Directors have not yet had an opportunity to approve this..
plan. However, I will present same to them at their next meeting, and
will advise you of their views on this matter.
I feel that it is a mistake to plan any improvement for Dade
County and Miami in which ample provision is not made for the great de-:
velopment which is now going on here and which will undoubtedly cantin-
ue to be made in this section.
Yours very truly,
I+iIALII CHAMBER OF COMMERCE
Per E. a. Sewell
President.
The plat of the proposed plan set forth in the above communisation was not received
with the communication as stated therein.
SEA-WALL AT END OF L. E. 27TH ST. PROPOSAL FOR RECONSTRUCTING SAME
The Director of public aervice submitted proposal from C. M. Cravatt for reconstruct-
ing sea-wall at the end of L. E. e7th Street to the Commission. The saia proposal
was addressed to Mr. Ernest Cotton as the Director of the Public Welfare and under
date of .£eoeinber 7th, 1923. On motion duly made and seoonded the communication
was ordered filed and copied upon the minutes of the meeting. Communication is as
follows:
IIr. Ernest Cotton,
Direotcr of the Publio Welfare,
City of Miami.
Dear Sir: -
The (lid of I1. E. 27th street is paving in very badly and is in
need of a sea wall and fill behind bulkhead, which I agree to build said sea
wall for the sum of 7.00 per running foot, or a total sum of a210.00, for
the 30 foot end of the street, fillin behind the bulkhead for the sum of
as .00, rebuild the sidewalk that is now caved in and broken up for the sum
of y,35.00 or a total sum for the entire job 0270.00, sidewalk: to be built
aauording to city specifications and sea wall to be built same as in front
of Dr. Laird's place, which is a rip rap wall two feet wide at top and
built on a 40 degree angle.
1'he owner of the lot :.outh of said street has contracted to have
his fill made uehind bulkhead also the same sea wall in front of his lot
which has a 88 foot frontage.
A LIr. Escott who owns 100 feet on each side of 26th Terrace,
fronting on the Bay agrees to pit in said sea wall in front of his lots
and asks the City to put the wall in across 26th Terrace which is 12 feet
and will cost :,r7.00 per foot or a total of w84.00 this will put the proper-
ty in good condition anu r.ith the wall in front of each of those streets
will make it a permanent job.
would be pleased to hear from you regarding the above at an
early date.
The lamp post closest to the Bay is in danger of falling over as
a result of being undermined by tide waters, I am now working on these
jobs and will fix the lamp post temporarily so it will not fall over.
Awaiting your reply,
I am yours very truly,
C . M. 01 AVATT
Miami, Pla. Leo. 7-1923.
ape Director of public Service stated to the Commission that the bulkheading proposed
to be built by Mr. Cravatt was not of a permanent nature and after same discussion it
was the sense of the Commission that the construction of a bulkhead at the foot of the
streets named above be deferred until such time as the property owners abutting the
streets and fronting en the Bay were ready to built permanent bulkheads at which time
the City would construct permanent bulkheads at the foot of the streets.
ADJOURN idENT
There being no further busineas to oome before the Commission at this meeting, on
motion duly nude ana seconded the meeting was adjourned.
ATTEST:
1
2
3
4
5
6
7
8
9
10
CITY OF MIvIi
DOCUMENT
DOCUMENT IDENTIFICATION
AUTHORIZING PAYMENT OF $1,851.00 TO ATLANTIC BOAT
YARDS
PAYMENT OF $208.58 TO WORTH W. TRAMMELL AS SPECIAL
MASTER IN CHANCERY
PAYMENT OF JUDGMENT AND COSTS OF COURT IN CASE OF
WARNER VS. CITY FOR CLEANING LOTS
DENYING REQUEST OF BELCHER COMPANY FOR PERMIT
TO STORE GASOLINE
DECLINING PROPOSITION OF HIGHLEYMAN TO FILL
IN BAYFRONT AT ELSER PIER
CONFIRMING CONTRACT WITH KNIGHT & LOMAS FOR PASSENGER
ROOM ON CITY DOCKS
CONFIRMING CONTRACT WITH O'NEILL & ORR CONSTRUCTION
CO. FOR BASEBALL GRANDSTAND AT TATUM PARK
SETTLEMENT WITH J. W. GRAHAM FOR STRIP OF LAND ON
N.E. 2ND AVENUE
PAYMENT OF $234.90 TO J.J. QUINN FOR EXTRA WORK
UNDER PAVING CONTRACT NO. 37
CANCELLING SIDEWALK LIEN ON PROPERTY OF MRS. GEO
B. ATHERTON
MEETING DATE:
December 11, 1923
I COMMISSION I RETRIEVAL
ACTION CODE NO.
R-1142
R-1143
R-1144
R-1145
R-1146
R-1147
R-1148
R-1149
R-1150
R-1151
01142
01143
01144
01145
01145
01147
01148
01149
01150
01151