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HomeMy WebLinkAboutCC 1924-12-02 MinutesCITY OF MIA . - . COMMISSION MINUTES December 2, 1924 OF MEETING HELD ON PREPARED in ma OFFICE OF THE CITY CLERK CITY HALL MINUTES OF THE MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF MIAMI, FLOR DA. On this 2nd day of Deoember, A.D. 1924, the Commission of the City of Miami, Fiori- ds, met in regular session at the City Hall in Miami, Florida, at 9:00 o'clock L.M. In the absence of Chairman E. C. Romfh, Commissioner C. D. Leffler was, on motion of Mr. Lummus, seconded by Mr. Gilman, unanimously eleoted Acting Chairman. On roll pall the following member° of the Commission were present: C. D. Leffler, J. E. Lummus, ABSENT; E. C. Romfh and J. I. Wilson. READING AND APPROVAL OF MINUTES J. H. Gilman. OF MEETING OF NOVEMBER 25TH The Clerk read the minutes of the regular meeting of November 26th, 1924, and there being no corrections or additions to be made thereto, on motion duly made aniseoond- ed, the same were approved and accepted as written. REQUEST FOR ADDITIONAL WAREHOUSE SPACE FOR BALTIMORE 80 CAROLINA S.S. CO. Mr. J. T. Bennett, Agent for Baltimore 80 Carolina S. S. Company, appeared before the Commission and asked that they be allowed to use the new steel warehouse at the City Docks for storage purposes. Mr. Bennett stated that the increase in their business was such that it was necessary for them to oharter an additional steamship to handle the freight awaiting shipment and that they would need additional warehouse space up- on arrival of the boat. After some disoussion the matter was referred to the City Manager and. Director of Public Service with instructions to do everything possible to provide additional space for the Baltimore 8o Carolina Company. APPROPRIATION FOR STREET REPAIRS MADE FROM RESERVE FOR CONTINGENCIES The City Manager submitted the following communication requesting an appropriation of $10,000 from the General Fund to reimburse the expenditures made out of Account 239-65: Deoember 2nd, 1924. City Commission, Gentlemen: - The Director of Publio Servioe reports that Item 239-65, Mat- erials Only in Street Repairs, has been exhausted, owing to a num- ber of extraordinary charges taken oare of out of this fund, and which is itemized in his letter attaohed hereto. As there is no money available from any other source to reim- burse these items, I will ask that an appropriation of $10,000 be made out of the General Fund to reimburse the expenditures made out of Account 239-65. Respectfully, (Signed) F. H. WHARTON City Manager Communioation of Direotor of Public Servioe attaohed to above: November 28, 1924. Mr. F. H. Wharton, City Manager, Miami, Florida. Dear Sir: I give you below a summary of monies expended by theDiviaion of Streets from their Account 239-65 - Repairs to Streets, Mater- ials Only - which properly should have been charged to other ao- counte. We have prepared bills against the accounts we feel should be charged with this expense, and shall be glad to have you authorize the Finance Department to pass these bills, giving proper oredit to A000unt 239-65, and 239-92, as indioated. You will note the bill for $1485.69 covers oost of repairs made on excavation permits, the monies for Which, as we understand it, were put into the General Surplus Fund account. We feel that these collections should properly be credited to Account 239-65 in the instances cited as well as all other future oases. SUMMARY: Excavations on UW 5th Avenue at new school building,. .$2,437.74 Street repairs where sewers have been installed 2,875.40 Street repairs on account excavation permits 1,485.69 Repair work at City Dook, 11/14/24 to 11/18/24 ino. . . 761.50 Resurfaoeing W. Flagler Street from Ry. to NR Drive, between oar traoks 2,431.00 Repairing Flagler St. Railway orossing 721.76 TOTAL $ .0 713:09 Yours very truly, (Signed) ERNEST COTTON Director of Public Servioe LvvvWElv.0 G, 1V4Y. 31 1 1 1 1 • It was the sense of the Commission that the appropriation of $10,000 should be made the account for Repairs to Streets - Materials Only - but it appearing that the General Fund Surplus was not sufficient to appropriate that amount from it was decided to make the requested appropriation from the Reserve Fund for Contin- gencies and a resolution authorizing such appropriation was introduoed by Mr. UM.* mue, end is as follows: RESOLUTION NO. 1730. A RESOLUTION APPROPRIATING THE SUM OF $10,000 FROM THE RESERVE FOR CONTINGENCIES TO THE ACCOUNT "RE- PAIRS TO STREETS - MATERIALS ONLY" CODE 239-65. BE IT RESOLVED by the Commission of the City of Miami: That the sum of $10,000.00 be, and the same is hereby, appropriated from the Reserve for Contingencies to the Account "Repairs to Streets - Mater- ials Only", Code 239-65. 0n motion of Mr. Lummus, seoo ndedby Mr. Gilman, the said resolution was passed and adopted by the following vote: AYES: Messrs Leffler, Lummus, Gilman. NOES: None. CHANGE IN LOCATION OF N. MIAMI AVE. OBJECTION TO BY LEWIN & MOYLAN The following communication addressed to the Commission from Lewin & Moylan, Inc., Realtors, protesting against the change in looation of North Miami Avenue as propos- ed, was received: Deoember let, 1924. Honorable Borad of City Commissioners, Miami, Florida. In Re: To proposed plan to change present course of North Miami Avenue between 62nd and 64th Streets. Gentlemen: A proposed plan to change the present oourse of North Miami Avenue between 62nd and 64th Streets to a line approximately 90 feet east of the present street has been called to my attention. I beg to protest to your Commission against any such change as I developed and sold the subdivision known as "Moywood" through which the present North Miami Avenue now runs. The purchasers of this property bought in good faith in this subdivision believing that they were buying Miami Avenue frontage. The present Avenue, which runs through this subdivision, was accepted as dedicated and approved by Charles W. Murray, as Director of Publio Service, and Hobart Crab- tree, as County Engineer of Dade County. and approved by Ordinance # 129, passed as accepted by the City Commissionersof Dade County, Flori- da, August 1st, 1922. Any such change of the present North Miami Avenue would de- preciate the property fronting on the west side. Furthermore by ao- oepting a street abutting this subdivision on the east will make lots face on both streets, and will probably cause houses to be built front- ing east and west, which does not appear to conform with uniform city planning. This fact will also depreciate property faoing on the west side of the present street. Yours very truly, (Signed) EDW. B. MOYLAN,Jr. It was the opinion of the Commission that the City would not be in any way interested in changing the location of North Miami between 62nd and 64th Streets and that between the streets named North Miami Avenue is beyond the City Limits and the City Commission would have no jurisdiction. The Clerk was instructed to notify Mr. Moylan that the City could have no interest in the movement to change the looation of North Miami Ave. on account of that avenue being outside of the limits at that location. PAYMENT OF JUDGk;L"r:NT IN CITY V. HIGHLEYMAN ET AL REPORT OF CITY ATTORNEY The City Attorney submitted a written communication reporting the payment of the am- ount of judgment awarded in the case of theCity of Miami vs. L. T. Highleyman et al, in the condemnation of tie Elser Pier property which, after being read, was ordered filed and copied upon the minutes of the meeting and is as follows: City Commission, Miami, Florida. Gentlemen: - December 1, 1924. By the payment to Ben Shepard Clerk of the Circuit Court, Dade County, Florida, by me the sum of $379,942.03, and the reoord- ing of the certificate of the Clerk that this amount has been paid, which represents the judgment and accrued costs, which has been done, the City of Miami is now the owner in fee simple of that pertain pre- mises described as follows: That piece or parcel of land lying and being in the Coun- ty of Dade and State of Florida, and more particularly described as follows: Commencing at a stake on the West shore of Bisoayne Bay, which stake is 3985 feet south of the north line of Seotion 37, in Township 53 South of Range 42 East; thence south 89 degrees, 18 minutes west to the west boundary line of Bisoayne Drive; thence eseoaRl! smomeetur 318 MVU IOU i G, 1VGY• northerly along the west boundary line of Bisoayne Drive 35 feet more or less to a point where the north boundary line of Twelfth Street of the City of Miami would interseot the said West boundary line of Bis- oayne Drive; thenoe east to low water mark on west shore of Bisoayne Bay; thenoe southerly meander the low water mark on said Bisoayne Bay 35 feet more or less to point of beginning; together with all common law and statutory riparian rights belonging or appurtenant to above desoribed property. ALSO: Commencing at a point on the East line of gisoayne Drive (now known as Boulevard) in the City of Miami, Florida, where the south line of 12thStreet, if extended east, would interseot same, thence run northerly along the said east line of Bisoayne Drive 35 feet, to a point where the center line of said 12th Street produced. East, would intersect said east line; thence run easterly along said oenter line of 12th Street produced, to the low water mark of Biscayne Bay, thence meander the low water mark of Biscayne Bay in asoutherly direction a distanoe of 35 feet, if on a straight line, to the south line of said 12th Street produced; thence westerly along said south line to the place of beginning; together with all oommon law and sta- tutory riparian rights belonging to or appurtenant to above described property. The property herein and hereby described is the property si- tuated upon Bisoayne Bay at the Eastern Terminus of Flagler Street for- merly known as 12th Street, City of Miami, Florida, and commonly and generally known as the Elser Pier. Above description is made with re- ference to a map of the City of Miami, made by A. L. Knowlton, C. E. re- corded in Book "B" of Plats, page 41, Dade County, Florida records. The mortgage executed by Locke T. Highleyman and wife Fred W. Maxwell and wife to Matthew Elser, which mortgage is recorded in Mortgage Book 260, page 417, was satisfied on November 21, 1924; like- wise, the mortgage given by Locke T. HI6L leyman and wife to Fred Max- well was also satisfied on the same date. Mr. Highleyman, and other entitled to the compensation as awarded by the judgment in this oase, have accepted the money paid into the registry of the Court and by so doing have forfeited any right of appeal under the law, as the statute provides that when anyrno takes out the amount the court awards, he forfeits any right of appeal. Yours very truly, (Signed) J. W. WATSON, Jr. City Attorney CONFIRMING PRELIMINARY ASSESSMENT ROLLS AND ORDERING COLLECTION OF ASSESSMENTS This being the date set for hearing objections to the confirmation of the preliminary assessment rolls covering work done in Improvement Districts Sr. 66, H-199-B, H-232, H-234, H-225, H-227, H-231, H-235 and H-243, it was announced that the Commission was read to reoeive and consider any objections to the confirmation of the said prelimi- nary rolls. There being no objections filed with the Commission the said assessment rolls were confirmed by the following resolution: RESOLUTION NO. 1731. A RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT ROLLS HEPEINAFTER SET FORTH AND PROVIDING FOR THE COLLECTION OF THE ASSESSMENTS SHOWN THEREIN. h E mai WHEREAS, the Commission of the City of Miami, Florida, met on the 2nd, day of December, 1924, pursuant to the notice of said meeting under Seotion 56 of the City Charter, to hear all written objections to the oonfirmation of the Preliminary Assessment Rolls of Sanitary Sewer Improvement No. 66, Highway Improvements Nos. 199-B, 232, 225, 227, 231, 235, 243, and 234, end WHEREAS, the Commission of the City of Miami having received no written objeotions to the confirmation of the said Preliminary Assessment Rolls by any persons whose property is desoribed in said rolls, NOW, THEREFORE, BE IT RE50LVED by the Commission of the City of Miami: 1: That the prima facie assessments, as indicated on said Preliminary Assessment Rolls, be, and the same are hereby, in all things, confirmed and sustained against any and all lots or parcels of ground described thereon. 2: That the sums and amounts against each of the lots or parcels of ground in sail Preliminary Assessment Rolls are less than the amount that each of said lots or parcels of ground is benefited by said improvements and that such amounts are in proportion to the special benefits;that the pro- portion of said costs to be paid by said City of Miami on account of High- way intersections is the sum set opposite the same therein. 3: That the total cost of the said improvements in the sums set op- posite same, to -wit: Sanitary Sewer Improvement No. 66 $15,761.69 Highway Improvement No. 199-B 38 394 63 Highway Improvement No. 234 32 754 77 Highway Improvement No. 232 7,922.94 Highway Improvement No. 225 X,2,086.23 Highway Improvement No. 227 82 414 20 Highway Improvement No. 231 96 122 82 Highway Improvement No. 235 2 691 51 Highway Improvement No. 243 7 154 20 4: That ten (10) days after date of this oonfirmation of said Preli- minary Assessment Rolls the same be delivered to the Direotor of Finance. and the Director of Finance is hereby ordered thirty (30) days after date of this resolution, to make collections of the assessments therein as re- quired by law. On motion of ,sir. Lummus, seconded by idr. Gilman, the said resolution was passed and adopt- ed by the following vote: AYES: Messrs. Leffler, Lummus, Gilman. NOES: None. r Mb MM Mtl • Mt :$ ix��' tea' �t{tat �a 3 <vc *wt;;?•`:. ijvu iUu.0 ant, 1V4'l. 319 ACCEPTING DEDICATION OF STREETS IN NEW SUBDIVISIONS The Direotor of Publio Servioe submitted proposed plate of subdivisions to be known as "Cottage Grove", Junior High School Resubdivieion", "Dade Highlands","Paradise Park", '"Bowling Green Terraoe" and "Second Seotion - Carolina Heights", whioh he had appreved and the said plats showing the dedioation of certain streets and avenues to the use of the publio the said dedioations were aooepted and the plats oonfirmed by the City by the following ordinances whioh were passed on their first readings. The ordinanoe entitled: AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS AND AVENUES IN THE SUBDIVISION KNOWN AS "COTTAGE GROVE" was introduoed by Idr. Lummus and on his motion, seoonded by Mr. Gilman, was given its first reading and read by title only. On motion of Mr. Lummus, seconded by Mr. Gil- man, the said ordinance was passed on its first reading by title only by the follow- ing vote: AYES: Messrs. Leffler, Lummus, Gilman. NAYES: None. The ordinance entitled: AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS AND AVENUES IN THE SUBDIVISION KNOWN AS "JUNIOR HIGH SCHOOL RESUBDIVISION" was introduced by Mr. Gilman, and on his motion, seconded by Mr. Lummus,was given its first reading and read by title only. On motion of Mr. Gilman, seconded by Mr. Lum- mus, the said ordinance was passed on its first reading by title only by the follow- ing vote: AYES: Messrs. Leffler, Lummus, Gilman. NAYES: None. The ordinance entitled: AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS AND AVENUES IN THE SUBDIVISION KNOWN AS "DADE HIGHLANDS" was introduced by Mr. Gilman, and on his motion, seconded by Mr. Lummus,was given its first reading and read by title only. On motion of Mr. Gilman, seoonded by Mr. Lum- mus, the. said ordinance was passed on its first reading by title only by the follow- ing vote: AYES: Messrs. Leffler, Lummus, Gilman. NAYES: None. The ordinance untitled: AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS AND AVENUES IN THE SUBDIVISION KNOWN AS "PARADISE PARK" was introduced by Mr. Lummus, and on his motion, seconded by Mr. Gilman, was given its first reading anti read by title only. 0n motion of Mr. Lummus, seconded by Mr. Gilman, the said ordinanoe was passed and adopted on its first reading by title only by the following vote: AYES: Messrs. Leffler, Lummus, Gilman. NAYES: None. The ordinanoe entitled: AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS AND AVENUES IN THE SUBDIVISION KNOWN AS "BOWLING GREEN TERRACE" was introduced by Mr. Lummus and on his motion, seconded by Mr. Gilman, was given its first reading and read bytitle only. On motion of Mr. Lummus, seconded by Mr. Gilman, the said ordinance was passed and adopted on its first reading by title only by the following vote: AYES: Messrs. Leffler, Lummus, Gilman. NAYES: None. The ordinance entitled: AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS AND AVENUES IN THE SUBDIVISION KNOWN AS "SECOND SECTION - CAROLINA HEIGHTS" was introduoed by Mr. Gilman and on his motion, seconded by Mr. Lummus, was given its first reading and read by title only. 0n motion of Mir. Gilman, seconded by Mr. Lum- mus, the said ordinance was passed on its first reading by title only by the follow- ing vote: AY::S: Mesors. Leffler, Lummus, Gilman. NAYES: None. CROSSING GATES AT NORTH MIAMI AVENUE AT 19TH ST. An ordinance entitled: AN ORDINANCE TO PROVIDE FOR THE PROTECTION OF NORTH MIAMI AVENUE CROSSING was introduced by Lir. Lummus and on his motion, seoonded by Mr. Gilman, the said or- dinance was given its first reading and was read by title only. Moved by Mr. Lum- mus and seconded by Lir. Gilman that the said ordinance be passed on its first reading bytitle only. The vote thereon was as follows: AYES: Messrs. Leffler, Lummus, Gilman. NAYES: None. Motion unanimously carried and the said ordinance passed on its first reading by title only. COMPLAINT OF E. V. BLACKMAN OF LACK OF PROTECTION TO PEDESTRIANS Mr. E. V. Blackman appeared before the Commission and made complaint to the Commis- sion of the lack of protection to pedestrians on the streets of the City and asked that the City take some steps to provide protection for pedestrians. Mr. Blaok- man was told that the City had ordered electric traffic signal system installed and was doing and •wouldcontinue to do everything possible to protect pedestrians and to relieve traffic congestion. BIDS FOR ERECTION OF COMFORT STATION NOTICE FOR AUTHORIZED The City Manager and the Director of Public Service submitted plans and specifica- tions of a Comfort Station to be located and built in Central Park at an estimated cost of approximately $$10,000.00. The plans and specifications of the station met with the approval of the Commission and a resolution authorizing the City Manager to advertise for bids for the construction of the oomfort station was introduced by Mr. Lummus and is as follows: RESOLUTION NO. 1732. PROVIDING FOR A RESOLUTION AUTHORIZING TiE CITY MANAGER TO CALL FOR BIDS FOR THE ERECTION AND CONSTRUCTION OF A COMFORT STATION TO BE LOCATED IN CENTRAL PARK. WHEREAS, the City Manager and the Director of Publio Service have submitted plans and specifications for the ereotion and oonatruotion of a oomfort station to be looated in Central Park in the City of Miami at an estimated cost of approximately $10,000.00, and WHEREAS, the said plans and specifications for the Comfort Station 'mlNISIiiIirnI' III' II I111111IIPIII(il!Ii NlIIPI!IIIIII DIPIIIMENMIIIinI!1ng!IlII Iil meet with the approval of the Commission, NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami: That the City Manager be, and he is hereby, authorized and direoted to advertise for sealed bids to be reoeived until 9:30 o'olook A. M. at a regular meeting of the Olty Commission on the 16th day of Deoember, 1924, for the ereotion and oonstruotion of a Comfort Station to be looated in Central Park and built in a000rdanoe with the plans and specifications on file in the offioe of W. C. DeGarmo, Architect. On motion of Mr. Lummus, seconded by Mr. Gilman, the resolution was passed and adopt- ed by the following vote: AYES: Messrs. Leffler, Lummus, Gilman. IMAYES: None. AUTHORIZING PURCHASE OF PROPERTY FOR OPENING N. E. THIRD AVENUE. The City Manager reported in the matter of opening N. E. 3rd Avenue from N. E. 34th Street to N. E. 35th Terraoe that he had secured options to buy Lot 16, Blook 1 of Beverly Subdivision, for $5,650.00 and Lot 16, Block 2, Beverly Subdivision, for $5,000.00, and that there were two other lots neoessary in opening the said. avenue, Lot 12 of Jeffrey and Robbins Subdivision and Lot 16, Blook 1, Sandrioourt, that he had not yet secured reasonable prioes for. Thereupon a resolution authorizing the puroh ase of Lot 16, Block 1 of Beverly Subdivision and Lot 16, Block 2, Beverly Sub- divison was introduced by I.ir. Gilman and is as follows: RESOLUTION NO. 1733. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE CER- TAIN PROPERTY SET FORTH IN THIS RESOLUTION FOR STREET PUR- POSES. WHEREAS, it is the opinion of the Commission of the City of Miami that N. E. 3rd Avenue should be opened from N. E. 34th Street Street to N. E. 35th Terraoe, and WHEREAS, the City Manager has submitted to the Commission the of- fers of the owners of Lot 16, Block 1, Beverly Subdivision, and Lot 16 Block 2, Beverly Subdivision to sell the said lots at and for the sum of $5,650.00 and the sum of $5,000.00 respectively, said sums to be paid from the Fund provided for the opening and widening of streets up- on the delivery of deed by the owners showinggood andmarketable title, said lots being necessary in the opening of said. Avenue, NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Miami: That the City Manager be, and he is hereby, authorized and di- rected to purchase Lot 16, Block 2,, Revery Subdivision and Lot 16, Blk. 2, Beverly Subdivision at and for the sums set forth above. 0n motion of LIr. Gilman, seconded by Mr. Lummus, the resolution was passed and adopt- ed by the following vote: AYES: Messrs. Leffler, Lummus, Gilman. MAYES: None. ADJOURNMENT There being no further business to come before the Commission at this meeting, on motion duly made and seconded, the meeting was adjourned. ATTEST: IMM CITY OF mirAms DOCUMENT INDEX MISTING OATS: December 2, 1924 ITEM NO 1 2 3 4 DOCUMENT IDENTIFICATION APPROPRIATION OF $10,000.00 FROM RESERVE FUND TO "REPAIRS TO STREETS" CONFIRMING CERTAIN PRELIMINARY ASSESSMENT ROLLS AUTHORIZING CALL FOR BIOS FOR ERECTION AND CONSTRUCTION OF COMFORT STATION IN CENTRAL PARK AUTHORIZING PURCHASE OF PROPERTY NECESSARY IN OPENING N.E. 3RD AVENUE COMMISSION ACTION R-1730 R-1731 R-1732 R-1733 RETRIEVAL copc NO. 01730 01731 01732 01733