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HomeMy WebLinkAboutCC 1924-05-24 MinutesCOMMISSION MINUTES oF in May 24, 1924 PREPARED RV THE OFFICE OF THE.CITY ARK May 24th, 1924. MINUTES OF THE MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF MLAMI, FLORIDA. On this 24th day of May, A. D. 1924, the Commission of the City of Miami met at the City Hall in Miami, Florida, pursuant to an adjournment on the 20th day of May, 1924, at 4:00 o'olook P. M. The meeting was oalled to order by Chairman E. C . Romfh and on roll oall the following members were present: E. 0. Romfh, J. E. Lummus, J. I. Wilson, J. H. Gilman, 0. D. Leffler. ABSEid T: None . CANVASS OF RETURNS OF ELECTION HELD MAX 21$Y' At this meeting the returns, the certificate of the three inspectors and the clerk, the oaths of office of the said inepaotors and clerk, the tally sheets and ballots of the Speoiel Election held on Wednesday, May 21st, 1924, having been delivered to the Oity Commission on the Special Election held on said date for the following pur- poses: 1. Shall bonds of the City of Miami not exceeding 4100,000.00 be issued for the oanntruotlon of an addition to the City Hospital? 2. Shall bonds of the City of Miami not exoeeding $100,000.00 be issued for extending and improving the street railway system? 3. Shall bonds of the City of Miami not exceeding 0.50,000.00 be issued for paying the oity's share of the cost of constructing sanitary sewers? 4. Shell bonds of the City of Miami not exceeding 475,000.00 be issued for the construction of incinerators or garbage and trash disposal plants? 6. Shall bonde of the City of Miami not exceeding 4300,000.00 be issued for the construction of a bridge and approaches, together with the ne- cessary land abutting and adjaoent thereto, said bridge conneoting N. W. Fifth Street on the east side of the Miami River to Ii. V. Fourth Street on the west side of the Miami River? 6. Shall bonds of the City of Miami not exceeding i225,000.00 be issued for the acquisition of property for exteneion and widening of streets? And thereupon the City Commission did canvass the said election returns and do oerti- fy that the same are in every respect regular and do certify the result of the said election to be as follows: That on the question proposed on the said ballots: 1. Shall bonds of the City of Miami not exceeding 4'100,000.00 be issued for the oonatruotion of an addition to the City Hospital? there were 252 votes cast FOR the issuance of said bonds, and 84 votes were cast AGAINST the issuance of said bonds. That on the question proposed en the said ballots: 2. Shall bonds of the City of Miami not exceeding 4100,000.00 be issued for extending and improving the street railway system? there were 277 votes cast FOR the issuance of said bonds, and 63 votes wore oast AGAINST the issuance of said bonds. That on the question proposed on the said ballots: 3. Shall bonds of the City of Miami not exceeding $150,000.00 be issued for paying the city's share of the oast of constructing sanitary sewers? there were 309 votes cast FOR the issuance of said bonds, and 28 votes were oast AGAINST the issuance of said bands. That an the question proposed on the said ballots: 4. Shall bonds o f the City of Miami not exceeding $$75,000.00 be issued for the construction of incinerators or garbage and trash disposal plants? there were 284 votes cast FOR the issuance of said bonds, and 51 votes were oast AGAINST the issuance of said bonds. That on the question proposed on the said ballets: 5. Shall bonds of the City of Miami not exceeding 4'300,000.00 be issued for the construction of a bridge and approaches, together with the necessary land abutting and adjaoent thereto, said bridge connecting N. W. Fifth Street on the East aide of the Miami River to N. W. Fourth Street cn the 'lest side of the Miami River? there were 300 votes cast FOR the issuance of said bonds, and 42 votes were oast AGAINST the issuance of said bonds. That on the question proposed on the said ballots: • 6. Shall bonds of the City of Miami not exceeding k,;226,000.00 be issued for the acquisition of property for extension and widening of streete? there were 289 votes cast FOR the issuance of said bonds, and 49 votes were oast AGAINST the issuance of said bands. It is further certified that 1 ballot was thrown out and not oounted on a000unt of being marked on the wrong side or otnerwise defaced or spoiled. It is further oertified the t the total number of votes oast at said election upon the said six proposed bond issues were 350, and that the City Commission finds and certifies that the said election was fairly held according to the provisions of the law and the said returns of the inspectors and clerk aro found to be correct. 0n motion of Zr. Lummus, seconded by Lir. Wilson it was resolved and oertified by the City Commission that the said above proposed 4950,000.00 bond issue herein- befo re recited were duly voted for and carried by a majority of the qualified elec- tors of the City of Miami, as required by law at the special eleotion held May 21st, 19.:4. It was further resolved that the returns of the said inspectors and the Clerk, including the ballots, tally sheets, oaths of ofioe and certificate of election be replaced in the said ballot box and that the same be sealed and be kept in the po- session of the City Clerk as custodian thereof. On roll call the vote on the foregoing resolution was as follows: AYES: Messrs. Romfh, Lummue, Leffler, Wilson, Gilman. NOES: none. Motion unanimously carried and the ea id resolution adopted. 170 May 24th, 1924. 01101111111111111111111111111 1111 I I 4 11111111111111111i I 11111111111111111111111 111111111 1111111 11011 11111111111111111w11I1U1UI1111111111IU111111111111111 u111 111111111 AMENDING RESOLUTION AUTHORIZING BONDS 4725,000.00 8]RI1C8 "W" SPECIAL BONDS A resolution emerging Resolution No. 1394 was introduced by Idr. Wilson and is in full ae follows: RESOLUTION N0. 1416. A RESOLUTION TO AMEND RESOLUTION N0. 1394, PASSED APRIL 29, 1924, WHICH PROVIDED FOR THE ISSUANCE OF II PROVIIVIENT BONDS, SERIES "W". WHEREAS, it le not deemed expedient at this time to issue ary of the Improvement Bonds, Series W, authorized by Resolution No. 1394, for the payment of any of the cost or Sanitary Sewer Improvements 81, 82 or 86. NOW, THEREFORE, BE IT RESOLVED BY THE CCLIMISSION GB' THE CITY OP MTOMt: 9eotion 1. That the preambles of said Keeolution No. 1394 be and are hereby amended by striking therefrom all reference to Sewer Improve- ments 81, 82 and 86, thereby amending the total of the sixth column of the schedule therein contained, which sixth column shows the amount of special assessments as made and oonfirmed for Sanitary Sewer Improve- ments 56, 57, 58 and 59, and the estimated amount of special assess- ments hereafter to be made for the remaining Sanitary Sewer Improvements, so as to make eaid total 0145,984.17 instead of 4170,630.03. Seotion 2. That Seotion 1 of eaid Resolution No. 1394 be and is hereby amended by changing the amount of the authorized bond issue from 750,000 to 4725,000, so that said Section 1 as so amended shall read as follows; Seotion 1. That in order to pay the coat of said highwa$ sidewalk and storm sewer improvements, and inoidental ex- penses pertining thereto, and that portion of the coet of said sanitary improvements which has been speoially aesess- ed or ie to be speoialy assessed as estimated herein, and to reimburse any City fund or funds from whioh all or a por- tion of such cost has been paid, or shall be paid before the receipt of the proceeds of the bonds herein authorized, the negotiable bonds of the City of Miami in the aggregate amount of 4725,000 shall be issued, and the proceeds there- of shell be applied to the several improvements hereinabove named in the proportion which the aggregate amount set out in columns 4, 5 and 6 of the above diagram, opposite the de- eignation of each improvement, bears to the aggregate of the totals of all figures in said 4th,5th and 6th columns. Seotion 3. That Seotion 2 of said Resolution No. 1394 be and the earns is hereby amended to provide for such reduced issue of bonds so that said Section 2 as so amended shall read as follows: Section 2. That said bonds shall be designated "Improve- ment Sonde, Series and shall b3 dated June 1, 1924, and shall consist of 725 bonds of 41,000 eaoh, numbered 2980 to 3704, both inolusive, and bear interest at a rate to be hereafter determined, not exceeding six per oentum per annum, payable semi-annually on the first days of De- cember and June of each year upon the presentation of coupons to be attached to said bands, both principal and interest to be payable in gold coin of the United States of the present standard of weight and fineness at the Un- ited States Mortgage & Trust Company in the City of New York. Seotion 4. That Section 3 of said Resolution No. 1394 be and the same is hereby amended in order to fix the maturities of said reduced is- sue, so that said Section 3 as so amended shall read as follows: Section 3. What the said bonds shall mature without op- tion of prior payment in numerical order, lowest numbers first, 475,000 annually June 1, 1926 to 1933 inclusive, and tip125,000 June 1, 1934. Seotion 5. That as so amended said Resolution No. 1394 is hereby re-enacted, all the sections thereof not heroin amended to be deemed to relate to said bond issue as reduced hereby and to all of the looal im- provemente set forth in said Resolution No. 1394, exoept Sanitary Improve- ments 81, 82 and 86. Moved by L:r. Wilson and seconded by LIr. Leffler that the said resolution be passed and adopted. Roll called and the vote thereon was as follows: AYES: Messrs. Romfh, Lummus, Leffler, Wilson, Gilman. Nees; None. Motion unanimouely carried and the said resolution passed and adopted. SALE OF 4725,000 S.ERL;S "VI" BONDS TO 'THE ROBINSON-HUMPHREY 00. !'hie being the date set for the sale of 4725,000 Series "W" Special Improvement Bonds, the Director of Finance submitted the bide reoeived by him whioh, on motion duly made and seconded, were ordered opened and read and are as follows: The Robinson -Humphrey Co. 0ffe ng par or more: Bonds 4725,217.50 R. M. Grant & Company, Ina. For 5-1/4% Bonds, $727,022.75 Offer Par 4 lees than part: bonds $705,548.25 For 5A Bonds #719,975.25 Name of Bidder: (Austin Grant & 0o. (Caldwell & Oa. (Marx & 0o. (Blanuhet Thombaugh ( & Vandereall (Wright-Warlow 0o. (W. L. Slayton & Co. (ti-Jalter,Wocdy & ( Heimer.dinger. (W. I:. Terry & Co. (Pruden & Co. (Atlantic Na'1. Bank (Seasongood & Mayer ( Stranahan,Farris & ( Otitis, Inc. (J. H. Hilsman & Co. (Citizens & Southern 0o. (B. J. Vaningen & Co. (Geo. H. Burr & Co. (H. L. Allen & Co. Otis & Company (Hoffman & Co. (P. F. Cueiok & 0o. (J. A. De Camp & Ca. Spitzer Roriok & Go. Offering Par or Mo re i --Bonds ' $732,700.00 For 6%i Bonds $734,601.25 For each 5 1,000. Bond May 4, 1924. Offering Lo,>:a than Par: For 4Z'N Bonds 4707,781.00 For 5% Bonds 471)5,937.00 Far 5` Bonds $711,533.33 Sor 5% Barite $703,250.00 Par 5% Bonds $703,301.25 Bonds $988.00 for For Bonds same basis ae 5 bonds, plus Two Hundred Dollars. For 4 % Bond? $707,610.00 Bonda. V29,821.00 For 0300,000 first matur ing bearing 4e% and re- maining "425, 000 bearing 4 %, 4706,052.50 Far 4 % Bonds $713,327.50 For Two Hundred Thousand City of Miami Five Peroent Improvement Bonds Dated June Firet Twenty Four ma- turing Twenty Thousand June First Twenty Six to Thirty Three inclusive Forty 'Thousand June First Thirty Four without option pnrinoipal semi-annual in- terest payable New York, 97a and accrued int ereet After due consideration it was the sense of the Commission that the bid of The Robin- son -Humphrey Company of Atlanta, Georgia, is the highest and beet bid and thereupon the following resolution was introduced by Mr. Leffler: RESOLUTION NO. 1417. A RESOLUTION ACCEPTING THE BID OP THE ROBINSON-HUMPHRE( COMPANY OF ATLANTA, GEORGIA, FOR SEVEN HUNIIiED TWENTY- FIVE THOUSAND SERIES "W" SPECIAL IMPROVEMENT BONDS OF T CITY OF MIAMI, FLORID&, AND PROVIDING FOR RETURN OF 0 R TIFIED CIzCI:S TO PHu UNSUCCESSFUL BIDDERS. WHEREAS, this being the date set for the reception of bide for Seven Hundred Twenty -Five Thousand ($725,000.00) Series "VP' Special Improvement Bonds of the City of Miami, Florida, and WHEREAS, upon tabulation of the bide received and submitted by the Director of Finane it appears that the bid of The Robinson -Humphrey Com- pany of Atlanta, Georgia, of $705,548.25 for 46 Bonds is the highest and beet bid receiveu and it is deemed advisable and to the beet interests of the City to accept the said bid of The Robinson -Humphrey Company, NOW, THFREP0RE, BE IT RESOLVED by the Commission of the City of Miami: 1: That the bid of The Eobiz en -Humphrey Company of Atlanta, Georgia,. of $705, 548.25 for s''725,000.00 Series "W" Special Improvement Bonds at an interest rate of 4) per annum be, and the same is hereby, accepted. 2: That the City Clerk be, and is hereby, directed to return to the unsuccessful bidders the checks received with their bide. Moved by I:Ir. Lef2ler and seconded by Mr. Lummus, that the said resolution be passed and adopted. 0n roll call the vete thereon was as follows: AYES: Messrs. Romf'h, Lum- mus, Leffler, Wilson, Gilman. NOES: None. Motion unanimously carried by a vote of the entire City Commission and the said resolution passed and adopted. AUTHORIZING APPLICATION FOR PERMIT FROM WAR DEPARTMENT FOR FIFTH ST. BRIDGE The following resolution authorizing the Direotor of Publio Service to apply to the War Department for Permit to construct Bridge aoroes the Miami River was introduoed by Mr. Wilson: RESOLUTION NO. 141.8. A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SER- VICE TO APPLY TO THE WAR DEPARTMENT FOR PERMIT TO CONSTRUCT BRIDGE ACROSS THE MIAMI RIVER. WAS, by Ordinance No. 240, passed and adopted by the City Com- miesion on the 29th day of April, 1924, an election was duly called for athee purpose of voting upon the issuance of bonds of the City of Miami, May 24th, 1924. WHEREAS, the following question, together with others, was proposed at said eieotiont "Shall bonds of the City of Miami not exoeeding 4300,000.00 be issued for the oonetruotion of a bridge and epproaohes, together with the neoeseary land abutt- ing and adjacent thereto, said bridge oonneoting N. W. Fifth Street on the east side of the Miami River, to N. W. Fourth Street on the west side of the Miami River?" WHEREAS, the said question was duly voted upon and oarried by a majority of the qualif led electors, as required by said Ordinanoe No. 240, NOW, THE:R'ORE, B$ IT RESOLVED by the Commission of the City of - Miami: That the Director of Public Service be ,and he is hereby, author- ized and direoted to make application to the War Department for permit to oonstruot a bridge across the Miami River at the location set forth in the preamble of this Resolution. Moved by Lir. Wilson and seconded by LIr. Leffler that the said resolution be passed and adopted. Roll oalled and the vote thereon was a s f ollovo: AYES: Messrs. Romfh;', Lummus, Leffler, Wilson, Gilman. NOES: None,. Motion unanimously oarried and the o said resolution passed and adopted. PAYMMT OF INTEREST ON MORTGAGE AUTHORIZED HELD BY LEB'LOND & ORR COMPANY The Direotor of Finance submitted the following oommunioation from LeBlont & Orr Com- pany, by E. W. Bebingor, in reference to the payment of the semi-annual interest on ee• Mortgage held by that Company on River Front Property purchased by the Oity of Miami: Miami, Florida, May 19 th , 1924. and City of Miami, Attention: C. L. Huddleston, Auditor, City Hall, Miatht, Florida. Gentlemen: We are the owners of a mortgage in the amount of 495,000. given to us by the City of Miami in part payment of a piece of river front property, said mortgage being dated November 28, 1923. , The semi-annual interest amounting to 42,850.00 will be due an I,tay 28tho We will thank you to let us have a check in payment of the same on or before that date. Please address this company, in oare of Shutts and Bowen. Yours very truly, THE LEBL ON D & ORR COMPANY By ( Signed) E. VI. BBBINGEt And thereupon the following resolution was offered by Mr. Wilson: RESOLUTION N0. 1419. A RESOLUTION AUTHORIZING THE PAYMENT OF SEMI-ANNUAL IN- TEREST ON MORTGAGE DATED NOVEMBRR 28, 1923, HELD BY THE LEBLOND & ORg COMPANY, ON RIVER FRONT PROPERTY OWNED BY THE CITY OF MIAMI, !LORIDA, AND PROVIDING 1.0UNDJ FOR THE PAYMENT OF SAID IN'TR3ST. WHEREAS, The Le Bl and & Orr Company are the owners of a mortgage in the sum of 495,000.00 given them by the City of Miami in part payment of a piece of river front property, said mortgage being dated November 28th, 1923, and WHEREAS, the semi-annual interest amounting to 02,850.00 will be due and payable on the 28th day of Llay, 1924, NOW, THi 'SORE, BE IT RESOLVED by the Commission of the City of Mi- ami: 1: That the Director of Finance be, and he is hereby, authorized and directed to pay to The LeBlond & 0 rr Company the sun of 42,850.00 for semi-annual interest due on the sa id mortgage. • 2: That the sum of 42,850.00 be, and is hereby, appropriated from the General ?und Surplus for the purpose of making said payment. Moved by Mr. Wilson and seconded by Mr. Leffler that the said resolution be passedand adopted. Roll called and the vote thereon was es follows: AYES: Messrs. Romfh, Lum- mus, Wilson, Gilman, Leffler. NOE3: None. Motion unanimously carried and the resolu- tion passed and adopted. DITCH ?OR WATER PIPE LINE CONTRAOT FOR DIGGING AUTHWIZED The City Manager and the Director of Publio Service reported that upon tabulation of the bids received by them for the digging of approximately 40,000 linear feet of ditch for the water pipe line from Hialeah to Miami it appeared that the bid of Nicholas J. Bales- trieri is the lowest and best bid reoeived at the unit price of 7851 per linear foot and the City Manager and the Director of Publio Service reoommended the aoceptanoe of the said bid. After due consideration the following resolution was introduced by Mr. Wil- son: auwee+ May 24th, 1924. RESOLUTION N0. 1420. A RESOLUTION ACCEPTIING THE OB'FER 0P NIOHOLAS J. BATESTRI- LRI FOR DIGGING DITCH FOR WATER LINE AND AUTHORIZING THE F,XE0U'TION OP A CONTRACT BY THE CITY MANAGER, FOR AND 011 BEHALF OF THE CITY OF MIAMI, WITH SAID NICHOLAS J. BALEB- TRIERI . WHEREAS, the City Manager and the Director of Public Servioe re- port that upon. tabulation qnd consideration of the offers received for the furnishing of equipment and labor for digging approximately forty thousand (40,000) linear feet of ditch for the water pipe line from Hialeah to Miami it appears that the bid of Nicholas J. Balestrieri is the lowest and best bid, and WH 3EAS, the said City Manager and the Director of Public Service recommend that the offer of the said Nicholas J. Balestrieri be aooept- ed and the execution of a contract author ized, NOV?, THr�3EFORL, BE IT RESOLVED by the Commission of the City of Miami: 1: That the offer of Nicholas J. Balestrieri for the furnishing of equipment and labor for digging approximately forty thousand (40,000) linear feet of ditch for the water pipe line from Hialeah to Miami at and for the unit price of 78V per linear toot be, and the same is hereby, aooepted in accordance with the terms and conditions set forth in the offer. 2: That the City Manager be and is hereby authorized to enter in- to oontraot with the said Nicholas J. Balestrieri for the purposes afore- said, said contract to be approved as to form and execution by the Oity Attorney. 3: that the said contraotor be and is hereby ,required to furnish bond for the faithful performanoe of the contract, said bond to be ap- proved by the City Attorney. Moved by Lir. Wilson and seconded by idr. Gilman that the said resolution be passed and ado ted On roll call the vote thereon was as follows: AYES: Messrs. Romfh, L'um- MMM EMMil rM MMUMUI 1 ■ P mus, Leffler, Wilson, Gilman. NOES; None. Motion oarried unanimously and the said resolution adopted. EXCUSING ABSENCE OF COMGMISSIONER GILLIAN FROM THREE REGULAR t,'r�isT]UGS The following resolution excusing the absence of Commissioner Gilman from three re- gular meetings of the Commission was introduced by Mr. Lummus: R":SOLU'TIOI1 110; 1421. A RESOLUTION EXCUSING THE A3SEIICE 0-2 COMLMISSIONER GILLIAN PROI:I TIMES REGULAR L1;E'TINGS OF 'TILE CC MISSION. WH 3EAS, Commissioner James H. Gilman reports that it will be ne- cessary for him to be absent from the next three regular meetings of the City Commission, tcvrit: the meetings of Llay 27th, June 3rd and June loth, 1924, and requests that the Commission excuse such absence, THu3Et'ORE, Bi IT RESOLVED by the Commission of the City of Miami: That Commissioner James H. Gilman be, and he is hereby, excused from attendance at the next three regular meetings of the Commission to be held on the dates set forth above. On motion of Mr. Lummus, seconded by Ia.. Leffler, the resolution was adopted by the following vote: AYi;S: Llessrs. Romfh, Lurnmus, Leffler. Wilson, Gilman. NOES: None. SALE OF PO1E0 PLANT A2 HIALEAH AUTHORIZED BY COOMMISSION The following resolution, authorizing the City Meziager to execute bill of sale by end on behalf of the City of Miami, to S. R. Inch for the Power Plant located at Hialeah, was introduced by Mr, Wilson: RESOLUTION NO. 1422. A RESOLUTION AUTHORIZING THE CITY MANAGER TO I:X8t0UTE A BILL OF SALLY BY AND ON BEHALF OF THE CITY OF MIAMI, TO S. R. INCH FOR THE PERSONAL PROPERTY HEREINAFTER DESCRIBED UPON THE PAYMENT OF 449,000. TO THE SAID CITY OF MIAM I . WHEREAS, S. R. Inch has offered to buy power plant and equipment pertaining thereto situated at Hialeah, Florida, and now ov¢iad by the City of Miami, Florida, a municipal corporation, and WHEREAS, by the oontraot the said S. R. Inch has agreed to fur- nish electricity to run pumps for the purpose of supplying water to the City of Miami at and for the prices set forth in the offer of said S. R. Inch, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami: That the City I:Ianager be, and he is hereby, authorized to execute Bill of Sale, by and on behalf of the City of Miami, to S. R. Inch for the following personal property, to -wit: 1 - 39 X 56 ft. hollow tile stucco Power -House, concrete floor, compo- sition roof. 1 - 300-HP Malntosh - Seymour heavy duty Diesel type oil engine with foundation and installed. - 5HP Gasoline Engine, belt connected to Fairbanks .., Morse duplex pi tan pump. 1 - Gould centrifugal pump, 2 - inch suction, 2 - inoh discharge, direot connected tok 7i: RP D.O. Motor with rheostatt. Engine repair parts, special tools and fuel and lubrioation tanks. BE IT FURTHER RESOLVED that the said bill of sale be delivered upon the payment to the Oity of Miami by said S. R. Inoh the sum of $49,000.00. Moved by Jr. Wileon and seconded by Lir. Lummus that the resolution be paseed and adopted. Roll called and the vote thereon was as follows; AYEe t Messrs. Romf h, Lumens , Leffler, Wilson, Gilman. NOES; None. Mation unanimously ear- ried and the said resolution adapted. AGREEMENT FOR ELECTRIC POWER ?CR PUMPS A resolution authorizing the City Manager Inchfor the furnishing of electric power the water pumping, treating and softening Florida, was offered by Lir. RESOLUTION NO. 1423. A RESOLUTION A,UTHORIZING THE CiT( L'UNAGER TO ENTER INTO AN AGREEMZIT, FOR AND ON BEHAIF OP THE GIN OF MIAMI, WITH S. R. INCH FOR THE FURNISHING OF ELEOTRIO POWER 'TO THE SAID CITY FOR THE PURPOSES SET FORTH IN THIS RESCIU- TION. FOR OM PLANT AT HIA,LEAH to enter into an agreement with 3. R. to the Oity for and in eonneetion with plant now under construction at Hialeah, WRIIREAS, the City of Miami has agreed to sell to S. R. Inch the diesel engine electric plant si tuated at Hialeah, Florida, and now owned by the Oity of Miami, and '31MEAS, it is necessary that the City have electric power for use in connection with the water pumping, treating and softening plant now under course of construction at Hialeah, Dade County, Florida, THannTORE, BE 12 RESOLVED by the Commission of the City of Mia- mi: that the Oity Manager be, and he is hereby, authorized and direet- ed to enter into agreement with S. R. Inch for furnishing all elebtrie power and energy required for and in connection with the City's water pumping, treating and softening plant now under course of construction at Hialeah, Dade County, Florida, in the following form, to -wit AGREellENT made this day of June, 1924, between Li. R. Inch, (Successor to I.iiami Beach Electric Company), hereinafter milled Con- tractor, and the City of Literal, a municipal corporation of Florida, hereinafter called the 0onsumer. Contractor shall supply and Consumer shall receive and pay for all electric power and energy required for and in connection with Consum- er's water pumpine, treating and softening plant now under course of construction at Hialeah, Dade County, Florida. The minimum quantity of power to be received and paid for hereunder by Consumer shall not be less than 3u0 H. P., and may be increased from time to time up to a total of 2000 H. 2. Said electric power and energy shall be sup- plied to Consumer in accordance with the terms and conditions of the attached schedule, marked einchibit A and made a part hereof. Service hereunder shall commence not later thee January 2nd, 1925, and the point of delivery for power delivered to the Consumer at Hialeah shall be on Contractor' a line used for supplying service hereunder at the pole thereof nearest to and not more than fifty feet from Consumer's property for and in connection with said operations. vConsumer agrees to pay, based upon the initial contract demand of 300 H.P. hereinafter stated, and regardless of the amount of energy actually consumed, a minimum monthly bill of 4750.00, and any increased monthly minimum which may be established hereafter by use as provided in the a ttaohed schedule. All payments shall be made at Cuntractor's office and ser- vice rendered hereunder shall be subject to Contraetor's rules and re- gula t lens, to be ne pt on fi le in his office. It is understood and agreed that such rules and regulations have not yet been prepared, but that they shall be submitted by the Contractor to the Consumer es soon as available and that when and as same shall be mutually agreed to by the Contractor and the Consumer, they shall then be marked Exhibit B and shall be a ttached to and become a part of this agreement. For n (.1 in consideration of the power schedule herein referred to and of the fact tint Contractor has on this date agreed to purchase from the Consumer a diesel engine electric plant situated at Hialeah and now owned by Consumer f or the sum of 449,000,00 and to maintain said plant in (*Grating conditions, or in lieu thereof, to provide other duplicate or secondary source of power acceptable to the fire insur- ance u.n dorm iters for the operation of Consumer's said water pumping plant; this contract is entered into between the parties for the full period of 30 years from and after the date of first rendering service hereunder and thereafter until terminated by twelve menthe prier writ- ten notice from either party to the other. It is understood and agreed that if at any time after ten years from da te cf f irst rendering of service hereunder it shall become ne- cessery for Consumer to abandon its water pumping, softening and treat- inoperations at Hialeah; then and in that event Consumer may, upon giving to the Contractor one years prior written notice, cancel this contract, provided, however, that if the Consumer shall install its plant for said operations at some other paint than Hieleah, then and in the t event Contractor shall have the r ight to furnish electric pow- er and eneree required f or such operations at the new location under the terms of this contraet, and failing or refusing to do so upon rea- sonable notice from the Consumer this contract my thereupon be can- eelled by the Consumer and become null and void. It is also agreed that unless and until a State Commissier, shall be created having jurisdiction over the rates and ehurges for oleo - trio service in Florida, the rates and charges effective under this oontract may be adjusted by mutual agreement at the end of any .r:ive- yeer period dating from the termination of the first ten-year period from and after the date of first renderirg of service hereunder. ilipliiiiilillA Ili 011111111114iIIIIVPIVVIPOP11§1111,11 ••, i,„ "At•li INSVT't :;;A ‘;'"t N` • j' -$44- K4ilvtif May .24th, 1944. • This agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, successors and assigns of the parties hereto. In witness whereof the parties hereto have caused this agreement to be duly exsouted in duplicate the day and year first above written. In the presence of: TB CITY OF MIAMI By (Exhibit " A ") FLORIDA OPERATIONS. POWER RATE FOR MUNICIPAL PUMPING 250 H.P. or over. •01•1011101.11*011.11•0111 City Manager ORANGES NET RATE (a) Demand: 42.50 net per month per contract H.P., whioh charge enti- tles Consumer to use during such month 35 E.W.H. for each H.P. of oontraot power. (b) F.nergy: 54 per K.V.H. for the next 4000 K.W.H. used per month if I 11 " 35000 " it 0 1.5V " " " 03X0888. (1) APPLICATION OF SCHEDULE: This schedule is for alternating current three phase service supplied at voltages between 2300 and 16000 volts inclu- sive, for power purposes only, of 250 contract H.P. or over, to be measured by a single meter of each ;and needed, at each point of delivery for each Consumer served. 'Pero or more points of delivery to one Consumer shall be considered as separate services, and bills separately calculated for each point of delivery. ( 2 ) DE TERIZNA TION 01? MAXIMUM DEMAND: Maximum demand is the highest average fifteen (15) minute load taken by the Consunar as shown by the Con- tractor's me ters. Peaks due to accident which the Consumer could not have guarded against will be disregarded. (3) DE2E11:NATION OF CONTRACT HORSPOWER: 'The contract H.P. upon which the above demand charge shall be based for any month shall be the highest monthly maximum demand established during the twelve months period ending with said month, but in no case shall it be less than 250 H.P. nor less than the amount of power originally contraoted for by the Consumer and stated in his application for service. The Consumer shall at all times take and use power in such a ma mer that the paver factor shall be as near 100 percent as possi.ble, but when for arty month the actual power factor is 85 per cent or less, the monthly maximum de- mand shall be obtained by multiplying the actual demand determined, by 85, and dividing this product by the actual power factor. In determining the contract H.P. when the contract E.P. is in excess of an even horse -power by a fractional part, the contraot H.P. will be taken at thenext even horse -power below, if the fraction be less than one-half horse- power, and a t the next even horse -power above if the fraction equals or ex- ceede one-half horse -power. ( 4 ) PAY.i.:ENT 013' BILLS: The net ra te and guaranties under this soiled ule apply only when bills are paid within the prompt payment period. When not so paid the gross rate (being the Eb ova net rate or net guaranty plus 10',,)O of the first 4100.00 of (d'onsumer's monthly bill, and 2% on excess of :0100.00 of Consumer's monthly bill.) applies. (5) INCIDENTAL LIGH•TING: Lighting directly auxiliary to power use not to exceed 50 watts per contract H.P. will be allowed under this schedule. (6) RS-3ALE, SLISONAL OR BREAK -DOWN SERVICE: his schedule is not for re -sale, seasonal, or break -down service. (7) RIGHTS AND EASEMENTS: Contractor's obligation to furnish service hereunder is conditional upon the granting by fee Consumer of all necessary rights and easements upon, over and through property and land oa,ned or con- trolled by said Consumer whioh may be required for the construotion, opera- tion and maintenance of Contraetor's transmission lines and ether facilities requisite for the furnishing of said service. (8) LIABILITY: Contractor shall at all times use reasonable diligence to provicle continuous service, and having used reasonable diligence, shall not be liable to the Consumer for failure or interruption of service. Nei- ther the Contractor nor the Consumer shall be liable to the other for any act or omujiesion caused directly or indirectly by strikes, labor troubles, accident, litigation, United States, State or Municipal interference, or other caueee not due to negligence, but the cause producing suoh eat or om- mission shall be removed with all reasonable diligenee. (9) RULES AIL) REGULATIONS: Service under this schedule is subject to Contraotor s General Rules and Regulations on f ile in the Contraetor 's of- • five. In case of conflict between any provision of the schedule and suott'•1-: Rules and Regulations the schedule shall apply. (10) °HANGS IN RAfES OR RULES: The rates prescribed by this sohedule and the apglica'61e Rules and Regulations are subject to change with varying costs and conditions of service. Suoh changes shall on- ly be made by general Sohedules, Rule or Regulation applioable to all °enamors of the class involved, to be filed wi th any State Commission having juriediotion and open to public inspeotion in the Contractor's office, and except as otherwise authorized by law hall not be effect- ive until after thirty days written notioe to the Consumers affeoted. Any ohange in Rates or Rules and Regulations shall, whenever and so long as such Commission or authority shall be provided by law, be made only on approval of suoh 5 tate Commissicn, or other lavrfully es tablished regulatory authority and in the manner provided by law. Moved by Mr. Jilman and seconded by Mr. Leffler that the said resolution be passed and acb pted. 1!he vote thereon was as bllows: AYES: Measrs. Romfh, LUMMUB, Lef- fler, Wilson, Gilman. NOES: None. ADJOURNMENT Mere being no further business to oome before the Commission at this meeting, on motion duly made and seconded, the meeting was adjourned. ATTE8T: • 411 DOCUMENT I N DE ITEM NO I DOCUMENT IDENTIFICATION 2 3 4 5 6 7 8 AMENDING RESOLUTION 1394, ADOPTED APRIL 29TH 1924, WHICH PROVIDED FOR THE ISSUANCE OF SERIES "W" SPECIAL IMPROVEMENT BONDS ACCEPT BID-ROBINSON-HUMPHREY FOR $25,000.00 SERIES "W" SPECIAL IMPROVEMENT BONDS AUTHORIZING APPLICATION FOR PERMIT FROM WAR DEPT. TO CONSTRUCT BRIDGE OVER MIAMI RIVER AT N.W. 5TH AND N.W. 4TH STREET AUTHORIZING PAYMENT OF SEMI-ANNUAL INTEREST ON MORTGAGE HELD BY LEBLOND & ORR COMPANY ON RIVER FRONT PROPERTY PURCHASED BY CITY ACCEPT OFFER FOR DIGGING DITCH FOR WATER PIPE LINE FROM HIALEAH AND AUTHORIZING CONTRACT EXCUSING ABSENCE OF COMMISSIONER JAMES H. GILMAN AUTHORIZING EXECUTION OF BILL OF SALE FOR POWER PLANT AT HIALEAH AUTHORIZING AGREEMENT BETWEEN CITY OF MIAMI AND S.R. INCH FOR ELECTRIC POWER FOR PUMPS AT HIALEAH MINTING May 24, 1924 DATE: COMMISSION RETRIEVAL ACTION 1 CODE NO. R-1416 R-1417 R-1418 01416 01417 01418 R-1419 1 01419 R-1420 01420 R-1421 01421 R-1422 01422 R-1423 1 01423