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HomeMy WebLinkAboutCC 1924-01-04 MinutesCOMMISSION MINUTES OFWINE HELD al _ January 4, 1924 PREPARgD SY ins OFFICE OF ThE • CITY CLERK CITY NAL.L January'Ath, I,924,' , au 1111 11111 MEI 1 MINUTES OF THE BOARD OF COMMISSIONERS OP THE CITY OF MIAMI, FLORIDA. • On this 4th day of January, A. D. 1944, the Commission of the City of Miami, Flori- da, met pursuant to an adjournment on Deoember 28th, 1923. The meeting was called 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 MEETING OF DECEMBER 28th. The Clerk read the minutes of the meeting of December 28th, 1923, and there being no oorreotions or additions thereto, the minutes were approved and aooepted as written. REFUND OF ASSESSMENT PAID POR LOT CLEANING TO J. A. KARNES The City Manager presented to the Commission written oommunioation under date of Jan- uary 4th, 1924, in reference to the . olaim for refund filed by Mr. J. A. Karnes amount- ing to 421.70 for lot cleaning assessments paid by Mr. Karnes. After being read the said communication was ordered filed and,the copied upon the minutes of the meeting: Miami, Florida, January 4, 1924. City Commission, Miami, Fla. Gentlemen: I am attaching claim for refund filed by Mr. J. A. Karnes amounting to y$21.70 for lot oleaning of lots 4 and 6 of Blook 37 Lawrence Estate near the Tatum park. Mr. Karnes makes affidavit that these lots have never been oleaned by the City, and there is no record in the Dept. of publio Welfare showing that the lots have been oleaned. I would therefore recommend that the 421.70 paid by I. Karnes on this a000unt be refunded to him. Respeotfully, F. H. WHARTON City Manager The City Manager aubmitted with his oommunioation the report of P. T. Johnson, Secre- tary of the Department of Publio Wellare, whioh was also ordered' filed and copied up- on the minutes: Mr. F. H. Wharton, City Manager, Miami, Florida. Dear Sir: I have been unable to find any the City having oleaned off lots 4 and 5 tate. I have looked over all the lot have as far back as 1918. Miami, Florida, January 3, 1924. record in this' offioe of of Block 37 Lawrence B0- cleaning reoords that we ReapeotfuJly yours, F. T. JOHNSON Seoy. Dept. Public Welfare Thereupon a resolution authorizing a refund of 421.70 to Wilson and is in full as follows: RESOLUTION NO. 1173. Mr. Karnes was offered by A RESOLUTION AUTHORIZING A REFUND OF 421.70 TO MR. J. A. KARNES FOR ERRONEOUS LOT CLEANING ASSESSMENT PAID BY HIM. WHEREAS, Mr. J. A. Karnes has submitted claim for refund amounting to 421.70 for lot cleaning of lots 4 and 5 of Blook 37 Lawrence Estate, which, according to affidavit made by said Mr. Karnes were never oleaned by the City of Miami, and WHEREAS, the City Manager reports that after investigation he finds no record of the said lots having been oleaned by the City, and WHEREAS, the City Commission believes that the said lots were er- roneously assessed and that the assessment paid therefor should be refund- ed Mr. NOW, THLRLFORE, BE IT RESOLVED by the Commission of the City of Miami, that the Dirootor of Finance be, and he is hereby, authorized and direoted to refund to Mr. J.A. Karnes the sum of $21.70 paid by him for erroneous assessment for lot cleaning. Moved by Mr. Wilson and seconded by Mr. Leffler that the resolution be passed and adopt- ed. On roll call the vote thereon was as follows: AYES: Messrs. Romfh, Lnmmns, Wilson, Leffler, Gilman. NOES: None. Motion unanimously carried and the said resolution passed and adopted. ME • MM WM WM MW January 4, 1924. PETITION FOR SIDE*►LKS ON N. B. 19TH STAMM petition for Sidewalks on N.E. 19th Street in Blook 2 of San Jose Subdivision, signed by Miohael J. Selzer and other property owners on said street was receiv- ed and after being read was ordered oopied upon the minutes: PETITION FOR SIDEWALKS Along the North side of 19th Street, N.E. between N• E. Miami Oourt and N. S. Second Ave. To the Honorable City Commissioners, City of Miami, Florida. Gentlemen: we, the undersigned owners of various lots fronting on 19th Street, N. E., in Block 2 of San Jose Subdivision, respect- fully petition that a oonorete and Dement sidewalk be ordered built to oomplete a oontinuous sidewalk from N. E. Miami Court to N• E. Second Avenue along the front of the various lots at their South end of suoh lots as form the North boundary of N. E. 19th Street between N. E.Miami Court and N. S. Second Avenue. (Signed by Michael J. Selzer and others). On motion of Mr. Wilson, seconded by Mr. Gilman, it was resolved that the said pe- tition be referred to the City Manager and that the City Manager be directed to take this matter into consideration when the next sidewalk improvement distriote are oreated. On roll call the vote thereon was as follows; AYES: Messrs. Romfli, Lummus, Wilson, Leffler, Gilman. NOES: None. Motion carried unanimously. MIAMI BUS ASSOCIATION REQUEST FOR CHANGE IN PROVISIONS OF BOND iir. J. F. House, Secretary of Miami Bus Aseooiation submitted written communica-' tion to the Commission in reference to the bonds furnished by Jitney Bus opera- tors and requesting oertain change in the bonds so as to allow the Jitney Busses, under certain regulations, to operate as automobiles for hire. After being read the communication was ordered filed and oopied upon the minutes: Miami, Florida, Deo. 29, 1923. City Commissioners, Miami, P'la, Gentlemen: For about two years the members of this organization have been operating jitney busses under bond as provided in Ordinance No. 66, which we believe has been satiefaotory in all respects. Until recently gome of the members have operated their oars "for hire" at various times, with the ooneent of the Association and in the belief that while so doing the oars were properly and legally bonded. one of our members was recently arrested for operating hie oar "for hire" and the argument put before the Court by the proseouting Att'y, (Mr. Watson) was in effeot that the agreement between the City of Miami and the Miami Bus Association was drawn in a000rdanoe with the provisions of Ordinance No. . 66 which provides bond for "Jitney Busses" and thit the public is given no protection when any oar so bonded was operated "for hire". Judge Stoneman took the same view and imposed a fire of 425.00 and costs - which we paid. Some of our members have recently purohased new oars for the purpose of operating "for hire" and now find themselves without pro- per bond, and the premium on eurety bonde is very burdensome. Those wishing to operate "for hire" are Charter Members of this Association and wish to retain their membership and standing under our bond. We therefore ask that a new agreement be entered into with the Miami Bus Association, the provisions of which will permit us to form a "for hire" division and a "Jitney" division, those of the "For Hire" - division not being permitted to operate as "Jitneys" and vioe versa. The bonding ordinanoe was drawn for the purpose of protecting the public in case of accident and does not attempt to limit the num- ber of oars to be operated under our agreement with the City and we therefore feel that the proper protection would be provided by the arrangement we suggest. hanking you for a just consideration of this matter, we beg to remain Very truly yours, Miami pox Assoc rat ian J. F. HOUSE, Sea. No aotion was taken on the request of the Miami Bus Aseooiation at this meeting, but Mr. House was assured that the matter would be gone into and if possible some other arrangment as suggeeted worked out. It was the opinion of L. omfh that the Miami Bus Association should not be made to pay the penalty imposed in the test case re- ferred to in the oommunioation of Mr. House, einoe the case was for the purpose of testing the ordinance, and that the fine of 426.00 and costs should be refunded to the Bus Aseooiation, in which opinion the other members of the Commission concurred. Thereupon a resolution authorizing the refund of 426.00 and costs of court, total- ing 429.86, to the Miami Bus Aseooiation was offered by Mr• Gilman and is as follows: January 4th, 1924.,.. R$80LUTI0N N0. 1174. 1 III II IIII=mI•IIi111I MAI 1 1 • ae 1 1 A RESOLUTION AUTHORIZING A REFUND OF $29.85 TO THE MIAMI BUS ASSOCIATION, SAID SUM BEING THE AMOUNT OF FINE IMPOSED AND COSTS OF COURT IN THE TEST CASE OF CITY 01F MIAMI V8. J. W. HARRINGTON, TRIED IN MUNICIPAL COURT DECEMBER 24TH, 1923. WHEREAS, in the case of City of Miami ve. J. W. Harrington, the defendant was adjudged guilty of running a oar for hire without proper bond as required by city ordinances and sentenced to pay a fine of $25.00 and costs of court or serve a term of 20 days in the City Jail; and WHEREAS, the said case was a teat ease brought on before the Munici- pal Judge for the purpose of determining the right of a Jitney Rua opera- tor under bond as provided for by Ordinanoe No. 66 to operate an automo- bile so bonded as an automobile for hire, and the said fine of $25.00 and oosts of court was paid by the Miami Bus Association, of whioh assooiation J. W. Harrington was a member, and WHEREAS, it is the sense of the City Commission that the said Asso- eiation or the said defendant should not be required to pay the fine im- posed or the costs of court in this partioular ease and that the said sum of $25.00 and oasts of oourt, amounting to $29.86, should be refunded, NOW, THERSFORE, BE IT RESOLVED by the Commission of the City of Mi- ami: 1: That the City Manager be, and he is hereby, authorized and di- rected to refund to the Miami Bus Association the said sum of 029.86., fine and costs of court paid by said bus assooiation in the case of City of Miami ve. 3. W. Harrington. 2: That the said sum of 649.85 be, and is hereby, appropriated from the proper fund for the purpose making said refund. Moved by Mr. Gilman and seconded by Mr. Wilson that the said resolution be passed and adopted. Roll called and the vote thereon was as follows: AYES: Mesara. Romfh, Lum- mus, Wilson, Leffler, Gilman. NOES: one. Motion carried unanimously and the said resolution passed and adopted. STREET CARS ORDERED FROM J. G. BRILL 00. REPORT ON The City Manager submitted to the Commission written oommunioation from the J. G. Brill Company in reference to order placed with them for street ears. After being read the said oommunioation was ordered filed and copied upon the minutes of the meet- ing. The Communication is as follows: Mr. F. H. Wharton, City Manager, City of Miami, Florida. Philadelphia, Pa. Deoember 27, 1923. Dear Sir:- OUR ORDER 21682 I have your letter of the 21st, inquiring as to the ship- ment of the six street oars. we are not unlike other people this year. To be frank with you, we have been unable to make our pro- mised deliveries. It is no use going allthe way up t;ae ladder to give a lot of excuses, but it begins with the receipt of raw mater- ials whioh we have to purchase like everybody else. Furthermore there were more orders placed for street oars during 1923 than in any like period for the last 10 years. 1 have been oontinually af- ter our American plant to do the impossible to get these oars out in time and I am informed now that they are well advanoed and expect to ship them from St. Louis about January 10 and I hope you will re- ceive them in time to take in revenue to help pay for themselves this season. If it would not be asking too much, I would appreciate it very much if you would advise me by return mail what you have finally decided to do regarding the operation of your'street railway system. That is, whether or not it will be continued under the Miami Beaoh Eleotrio Co. or by the city proper. From time to time we have 000a- sion to prepare data on care, (where and how they are operated and by whom), and in reoent years we have been mush interested in munioipal operation. I expect to be in Miami shortly after the oars arrive and hope to have the pleasure of seeing you. With kind regards, I am Respeotfully yours, GEORGE FREY Southern Sales Agent. REPORT OF APPEALED CASE FROM MUNICIPAL COURT REPORT OF ASST. TO CITY ATTORNEY The Assistant to City Attorney submitted written report of the oase of Paul Buchan vs. the City of Miami which was appealed to the Circuit Court on a charge of selling liquor. the Communication was ordered filed and oopied upon the minutes: January 3rd, 1923. The City Commission, Miami, Florida. Gentlemen: The Judge of the oirouit court has this day affirmed the deoi- sion in the ease of Paul 'Mahon versus the City of Miami. Hushen was oon- vioted in Munioipal Court for selling liquor in the City and it was from this oonviotion that this appeal was taken to the oirouit oourt. Yours very truly, J. W. WATSON, Jr. Assistant to the City Attorney. January 4, 1924. REFUND TO SMITH, RICHARDSON & CONROY FOR LICENSE TAX ERONEOU3LY ASSESSED A resolution authorizing the City Manager to pay to Smith, Richardson & Conroy„ the sum of 625.00 as a refund for lioense tax paid by them was introduced by Mr. Gilman and is as follows: RESOLUTION NO. 1176. A RESOLUTION) AUTHORIZIIG THE OITY MANAGER TO PAY THE SUM OF TWENTY-FIVE DOLLARS TO SMITH, RICHARDSON & 00N- ROY, AND PROVIDING FOR THE PAYMENT THEREOF. BE IT RESOLVED by the Commission of the City of Miami, that the City npnager be, and he is hereby, authorized and direoted to pay Smith, Richardson & Conroy the sum of 456.00 as a refund for license tax heretofore paid by said Smith, Richardson & Conroy. BE IT FURTHER RESOLVED that the said sum of 426.00 be and is hereby appropriated from the proper fund for the purpose of making said refund. Moved by Mr. Gilman, seconded by Mr. Wilson, that the said resolution be passed. On roll call the vote thereon was as follows: AYES: Messrs. Romfh, Lummus, Wil- son, Leffler, Gilman. NOES: None. Moton oarried and the said resolution passed and adopted. PAYMENT OF PREMIUM ON CHANNEL BOND FROM CHANNEL AND HARBOR.?UND A resolution authorizing payment of premium of 4150.00 on 615,000 bond given by the City to maintain the required depths in the channel and turning basin for a period of three years after the enetranoe to the channel is completed by the Go- vernment was introduced by Mr. Wilson and is as follows: RESOLUTION N 0. 1176. A RESOLUTION AUTHORIZING PAYMENT OF PREMIUM OF 4150.00 ON 415,000.00 BOND GIVEN BY THE CITY TO MAINTAIN THE REQUIRED DEPTHS IN THE CHANNEL AND TURNING BASIN FOR A PiRIOD OF THREE YEARS AFTER THE ENTRANCE TO TEE CHANNEL IS COMPLETED BY THE GOVERNMENT. WHEREAS, it is necessary to renew the -bond for the performance of the obligations of the City to maintain the required depths in the channel and turning basin for a period of three years after the en- trance to thechannel is completed by the Government, as provided for in the agreement between the Government and the City of Miami, NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami: That the sum of 4150.00 is hereby appropriated from the Har- bor and Channel Fund for the purpose of paying the said premium and the Director of finance is hereby authorized to draw the warrant of the City of Miami for said amount, and for said purpose. Moved by Mr. Wilson, seconded by i,1r. Gilman, that the said resolution be passed and adopted. Roll called and the vote thereon was as follows: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOE6: None. Motion carried unanimous- ly and the said resolution passed and adopted. CANCELLING TAX SALE CERTIFICATE # 0761 COVERING 1920 TAXES The City Manager eubmitted communication addressed to him from the Direotor of public Service in reference to oanoellation of oertain tax sale certificate of 1920 covering property erroneously described whioh was ordered filed and oopied upon the minutes: Miami, Florida, January 3, 1924. Mr. F. H. Wharton, City Manager, Miami, Florida. Re: C. J. Holleman Op. vs. F. Randall. Bill to set aside and oanoel Tax Sale Cer- tificate. Dear Sir: I beg to inolose herewith Tax Sale Certificate No. 0751 covering 1920 taxes of the City of Miami, whioh certificate was issued by W. B. Moore, Tax Collector, under date of July 5, 1921 having been purchased by F. Randall and D. Afremow, the amount of whioh was 4157.50. Upon investigation we find that there is no ouoh pro- perty as that described in the certificate by reason of a mis- take in that portion of the desoription which reads: "Thence SE to River w of RR", which desoription should have read: "Thence SE to R/way of F. E. C. Ry". I am enolosing a plat showing the property intended to be covered by this desoription and as the river is looated some eight squares from the desoription given it would appear that this Tax Sale Certificate should be cancelled and the amount refunded to Messrs. Randell and Afremow. Should this oertifi• - cate be cancelled a subsequent assessment should be made cover- ing these 1920 taxes against the property intended to be des- oribed by this oertifioate, if such assessment would be legal. Yours very truly, F. L. HUDDLESTON Direotor of Pinellas January 4, 1924. 4595 MEME MN w 1 �t, And after due oonsideration it was the sense of the Commission that the said Tax Bale Oertifioate should be oanoelled and the sum of 4157.50 refunded to Messrs. Randall and 4,fremow and a resolution oanoelling the said oertifioate and authorizing the City Mana- ger to refund the said sum of 4157.50 waa introduoed by Mr. Leffler and is as follows: RESOLUTION N0. 1177. A RESOLUTION CANCELLING TAX SALE CERTIFICATE NO. 0751 AND AUTHORIZING AND DIREOTING THE OITY MANA- GER TO REFUND THE AMOUNT PAID FOR SAME. WHEREAS, in the oommunioation of the Director of Finanoe dated January 3, 1944, which said communication stated that tax sale oerti- fioate No. 0751 was erroneously issued in that it embraoes oertain property whioh is wrong in desoription, and WHEREAS, Randall & Afremow have purchased said tax oertifinate in the amount of 4157.50, NOW, THEREFORE, BE IT RESOLVED by the Commission of the Oity of Miami that the said tax sale oertifioate No. 0751 be, and the same is hereby oanoelled. BE IT FURTHER RESOLVED that the City Manager be, and he is here- by authorized and direoted to refund Randall & Afeemow the sum of 4157.50. BE IT FURTHER RESOLVED that the said 4157.50 in payment thereof be, and the same is hereby, appropriated from the General Fund Sur- plus. Upon motion of Mr. Leffler, seoonded by Mr. Gilman, the said resolution was passed by the following vote: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOAS: None. PROHIBITING ERECTION OP GASOLINE AND OIL PUMPS UPON SIDEWALKS WITHIN CITY An ordinance entitled: AN ORDINANCE PROHIBITING THE ERECTION AND CONSTRUCTION OF A GASOLINE AND OIL PUMP OR PUMPS AND OTHER GASOLINE AND OIL APPARATUS UPON TEE SIDEWALKS OF THE CITY OF MIAMI, FLORIDA; PRESCRIBING A TIME LIMIT FOR THE REMOVAL OF THE PRESENT EXISTING GASOLINE AND OIL PUMP OR PUMPS AND APPARATUS AND PROVID- ING A PENALTY FOR THE VIOLATION 'THEREOF was introduoed by Mr. Leffler, and -on motion of Mr. Wilson, seoonded by L. Lummus, it was resolved that the charter requirement for reading of ordinanoes on two separate 000aaions be dispensed with. On roll call the vote thereon was as iollowa: AYES: Messrs. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: None. Motion carried unanimous- ly. Upon motion of Idr. Leffler, seconded by Mr. Wilson, the said ordinance was given its first reading and read by title only. Moved by Mr. Leffler and seoonded by Mr. Wilson that the ordinance be passed an its first reading. Roll called and the vote thereon wee as follows: AYES: Masers. Romfh, Lummus, Wilson, Leffler, Gilman. NOES: None. Motion carried unanimously and the said ordinanoe passed on its first reading by title only. On motion of Mr. Leffler, seconded by Mr. Wilson, the said ordinanoe was put upon its second and final reading and was read in full. Moved by Mr. Lummus, seoonded by IAr. Gilman, that the ordinance be passed and adopted on its seoond and fi- nal reading in full. on roll call the vote thereon was as follows: AYES: Messrs. Romfh,Lummus, Wilson, Leffler, Gilman. NOES: None. Motion oarriedunanimously and the said ordinance passed and adopted on its second and final reading in full. The said ordinance is numbered 209 and is shown in Ordinance Book 1 at page/AL-as passed and adopted by the City Commission. ADJOURNMENT UNTIL NEXT REGULAR MEETING DATE There being no further business to come before the Commission at this meeting on motion duly made and seoonded the meeting was adjourned, the Commission to meet again on the next regular meeting date, being Tuesday, January 8th, 1924, at 9:00 o'olook a. m. ATTEST: CITY CLERK J ITEM NO. 1 2 3 4 5 CITY OF Mb MI DOCUMENT MEETING DATE: INDE January 4, 1924 DOCUMENT IDENTIFICATION REFUND OF $21.70 TO J. A. KARNES FOR ERROENOUS LOT CLEANING ASSESSMENT REFUND OF $29.85 TO MIAMI BUS ASSOCIATION FOR FINE AND COSTS OF COURT IN TEST CASE REFUND OF $25.00 TO SMITH, RICHARDSON & CONROY FOR LICENSE TAX PAID BY THEM PAYMENT OF $150.00 PREMIUM ON CHANNEL BOND OF $15,000.00 ORDERED CANCELLING TAX SALE CERTIFICATE NO. 0751 AND DIRECTING REFUND OF $156.50 COMMISSION 1 RETRIEVAL ACTION CODE N0. R-1173 R-1174 R-1175 R-1176 R-1177 01173 01174 01175 01176 01177