HomeMy WebLinkAboutCC 1925-11-09 MinutesCITY OF
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.COMMISSION
MINUTES
OF MEETING HELD ON NOVEMBER 9 , 1925
PREPARED aY THE OFFICE OF THE CITY CLERK
CITY HALL
November 9th, 1925.
MINUTES OF MEETING OF BOARD OF COMMISSIONERS OF THE CITY OF MIAMI, FLORIDA.
Oa this 9th day of November, 1925, the Commission of the City of Miami, Florida,
met in regular session at the City Hall in said atty. On motion of Mr. Lummus,
seoonded by Mr. Wilson, Mr. C. D. Leffler was eleoted Aoting Mayor in the ab-
sence of Mayor E. C. Romfh. The meeting was oalled to order at 3:00 o'olook
P. M. by Acting Mayor C. D. Leffler and on roll call the following members of
the Commission were present:
C. D. Leffler,
J. E. Lum",us.
J. I. Wilson.
ABSENT: E. C. Romfh,
J. H. Gilman.
READING AND APPROVAL OF MINUTES
The Clerk read the minutes of the regular meeting of November 2nd., 1925,-and
there being no oorreotions or additions to be made thereto, on motion duly made
and seconded, the minutes were approved and confirmed as written.
SERIES "Y" IMPROVEMENT BONDS -APPROVING OPINION OF ATTORNEY
The Clerk submitted a oommunioation addressed to the Commission from Chaster B.
Masslioh, bond attorney, giving a final approving opinion on Series "Y" Improve-
ment Bonds, which, after being read, was ordered filed and copied upon the min-
utes of•the meeting and is as follows:
Ootober 14, 1925.
City Commission of the
City of Miami, Florida.
Gentlemen:
I have examined certified oopies of the legal prooeedings
and other proofs submitted, relative to the issuance and saleof
$1,789,000
CITY OF MIAMI, FLORIDA,
IMPROVEMENT BONDS, SERIES Y,
Dated August 1, 1925.
Denomination $1,000.
Numbered 4464 to 6252, inclusive.
Maturing annually, August 1,
1191,000 1927. $181,000 1928,
180 000 1929 to 1934, inclusive,
and $337,000 1935, without option
of prior payment.
Principal and semi-annual interest
at 4-1/2% per a nnum (F and A 1).
payable in gold coin at the United
States Mortgage & Trust Company,
New York City.
I have examined one of said bonds as executed (Bond No.
4464).
I am of the opinion that suob ' proceedings and proofs show
lawful authority for the iseuanoe and sale of said bonds, pur-
suant to the Charter of the City of Miami, and in partioular
Seotion 56 thereof, as amended, and that the said bonds oonsti-
tute valid and binding obligations of said City of Miami, all
the taxable property within whioh is subjeot to the levy of a
tax to pay the same.
Respeotfully yours,
(Signed) CHESTER B. MASSLICH
$ILLS OF CHESTER B. MASSLICH-IN ISSUANCE 0P BONDS
The City Attorney submitted three bills from Chester B. Massliob for servioes.'
the iseuanoe of bonds as follows:
To professional servioes in relation to $1,789,000
Improvement Bonds, Series Y, of the City of Miami,
dated August 1, 1925, the legality of whioh was
approved *3,500.00
Disbursements:
Prepaid telegrams . . . . 73.71
Propor tion of Mr. Massliob's traveling
expenses on the trip that brought him to
Miami on September 25, 1925, for oonfer-
enoes with City officers
To professional servioes in examination and cor-
rection of proceedings for the iseuanoe of
$500,000 Revenue Bonds of the City of Miami,
dated September 30, 1925 and maturing June 30,
1926, followed by opinion dated October 16,
1925, approving said bonds, subject to due
exeoution, delivery and payment... . . .,
Disbursements:
Prepaid telegrams -.
November 9th. 1925.
To professional servioes rendered to the Town of
Silver Bluff, Florida, in oorrespond enoe with
Harold C. Costello, Esq., Town Atbrney, between
April 9, 1925 and May 11, 1925, and the prepara-
tion of forma for proceedings for an election for
$200,000 bonds of said Town of Silver Bluff, for
various purposes $100.00
It was the sense of the Commission that the bills should be paid and a resolution
authorizing the payment of same was introduoed by Mr. Lummus, who moved its adop-
tion:
RESOLUTION NO.2215.
A RESOLUTION AUTHORIZING THE PAYMENT OF CERTAIN
BILLS OF CHESTER B. MASSLIOH FOR SERVICES IN TEE
ISSUANCE OF CERTAIN BONDS.
BB IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
That the bills of Chester B. Masslidh, Esq., for servioes render-
ed and disbursements made in the following matters and amounts, to
wit:
To professional servioes in relation to
$1,789,000 Improvement Bonds, Series Y,
of the City of Miami, dated August 1,
1925, the legality of which was approved...$3,500.00
Disbursements:
Prepaid telegrams. . 73.71'
Proportion of Mr. Mesalioh'a traveling
expenses on the trip that brought
him to Miami on September 25, 1925,
for conferences with City officers
To professional servioes in the examina-
tion and oorreotion of proceedings for
the i ssuanoe of $500,000 Revenue Bonds
of the City of Miami, dated September
30, 1925 and maturing June 30, 1926,
followed by opinion dated October 16,
1925, approving said bonds, subject to
due exeoution, delivery and payment $1t5.00
Disbursements:
Prepaid telegrams 4.44.
To professional servioes rendered to the
Town of Silver Bluff, Florida, in oor-
reapondenoe with Harold C. Costello, Esq.,
Town Attorney, between April 9, 1925 and
May 11, 1925, and the preparation of forms
for proceedings for an eleotion for
$200,000 bonds of said Town of Silver
Bluff, for various purposes $100.00
be, end the same are hereby approved and the Director of Finance is.
hereby authorized to issue City Vouoher in payment of same.
Seoonded by Mr.Wilson.Vote:AYES:Measrs.Leffler,Lummus,Wilaon. NOES: bone.
AWARDING CONTRACT FOR SEWER CONSTRUCTION-SR.56
The City Manager submitted the following report of the D ireotor of Public S ervios
of the result of tabulationof bids for the construction of Sanitary Sewers in Die,'
triota Sr. 147 to Sr. 152, inolusive, received November 2nd, 1925:
Miami, Florida,
November 9, 1925.
Mr. F. H. Wharton,
City Manager,
Miami, Florida.
Dear Sir:
Herewith tabulation of bide reoeivedNovember 2nd, 1925,,
on Sanitary Sewer Districts Sr. 147 to Sr. 152, inolusive, Con-
traot Sr. 56.
The John J. Quinn Company are low bidders on this work
with a bid of $22,186.80. Their bid is $11.25 lower than that
of the J. L. Kelley 0o., next low bidders with a bid of
$22,198.05.
However, this oontraot calls for 1359 lineal feet of street
restoration of oil maoadam, and inasmuch as Contractors on other
City oontraots which oall for similar street restoration are ask-
ing thatthe City repair gangs take over such work, it is suggest-
ed that this item be eliminated from this oontraot. In this
event, the J. L. Kelley Co. would be low bidders by the sum of
$668.25, making their next bid $20,839.05, against the yuinn
Company's bid of $21,507.30 with the cost of street restoration
eliminated.
Yours very truly,
(Signed) ERNEST COTTON
Director of Publics Service.
ISM
nimbi r g, 19
It was the sense of the Commission that the oontraot should be awarded to John J.
Quinn Company and a resolution accepting the bid of John J. Quinn Company and award-
ing oontraot was in troduoed by Mr. Wilson, who roved its adoption:
RESOLUTION NO. 2216„
A RESOLUTION ACCEPTING THE BID OF AND AWARDING CONTRACT
TO JOHN J. QUINN COMPANY FOR CONSTRUCTION OF SEWERS IN
DISTRICTS 8R. 147 TO SR. 152, INCLUSIVE, AND AUTHORIZ-
ING THE EXECUTION OF SAID CONTRACT BY CITY MANAGER.
WHEREAS, upon tabulation of bide reoeived November 2nd, 1925, for
the oonetruotion of sewers in Districts Sr. 147 to Sr. 152, inolusive,
it appears that the bid of John J. Quinn Company is the lowest ant best
bid reoeived for the said work,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OP
MI AMI :
1. That the bid of John J. Quinn Company to Construct sewers as
deeoribed and set forth in plane and epeoifioetions for Sewer Improve-
ment Diatriots Sr. 147 to Sr. 152, inclusive, at and for the unit prices
net forth in their bid of November 2nd, 1925, be, and the same is here-
by aooepted, and oontraot for the work awarded to said John J. Quinn Com-
pany.
2. Thatthe City Manager be, and he is hereby, authorized to exe-
oute, for and on behalf of the City of Miami, contract with said John J.
Quinn Company for the work.
Upon being seconded by Mr. Lummus, the resolution was adopted by the following vote
AYES: Messrs. Leffler, Lummue, Wilson. NOES: None.
AWARDING CONTRACT FOR PAVING CONSTRUCTION-PV.68
The City Manager submitted a oommunioation addressed to him from the Direotor of
blio Servioe reporting the result of tabulation of bids reoeived November 2nd, for
the construction of street paving in Diatriots H-269, 270, 271 and 272, which is a
follows:
November.7, 1926.
Mr. F. H. Wharton,
City Manager,
Miami, Florida.
Dear Sir:
1 am attaching hereto tabulation of bide reoeived on November 2nd,
on Paving Contraot Pv-68, Diatriots H-269-270-271-272.
As you will note the Morgan -Hill Paving Company have the lowest
bid, with a prioe of $24,893.20, against the next lowest bid of the T.
B. MoGahey Oompany of $25,398.20.
The J. J. Quinn Oompany failed to bid on such items as Grading,
Curb Only, Gutter Only, and Granite Headers. If we should add to their
total the lowest bid on Grading, Gutter Only, Curb Only, and Granite
Headers, their sum total would aggregate $25,681.20.
These distriots Dover the following streets:
N.E.Firet Avenue from N. E. 36th Street to N. E. 38th Street -
Kentucky Rook Asphalt surfaoe, 1-1/2 inches thick.
N.E. Seoond Avenue from N.E. 36thStreet to N.E. 38th Street -
Kentuoky Rook Aephelt surfaoe, 1-1/2 inches thick.
South side of oenter line only on N.E.38th Street, from N. Miami
Avenue to Miami Court, and from N.E. First Avenue to N. E. Seoond Avenue
011 Meoadam Surfaoe.
I would oall your attention to the faot that these bide overrun
our estimated ooet by approximately 20 per Dent, which overrun is ex-
plained by the existing conditions at the present time as regards oost
of rook and advanced labor coats.
I would recommend that we aooept the bid ofthe Morgan -Hill Paving
Company on this oontraot.
Yours very truly,
(Signed) ERNEST COTTON
Direotor of Publio Servioe.
It was the sense of the Commission that the oontraot should be awarded to Morgan -Hill,
Paving Company and a resolution aooepting the bid of Morgan -Hill Paving Company
awarding the oontraot was introduced by Mr. Wilson and is as follows:
RESOLUTION NO. 2217.
A RESOLUTION THE BID OF AND AWARDING CONTRACTTO MORGAN-
HILL PAVING COMPANY FOR CONSTRUCTION OF STREET PAVING IN
DISTRICTS H-269,270,271 AND 272, AND AUTHORIZING THE UK
OUTION OF SAID CONTRAOT BY THE CITY MANAGER.
WHEREAS upon tabulation of the bids reoeived November 2nd, 1925, for
the construction of street paving in Diatriots H-269,270,271 and 272, it
appears that the bid of Morgan -Hill Paving Company is the lowest and beet
bid received for the work,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CS TY OF MIAMI:
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- November9th 1926.
1. That the bid of Morgan -Hill Paving Company to oonstruot
street paving as desoribed and set forth in plans and apeoi:f'i.oa-
tions for Highway Improvement Districts 269, 270, 271 end 272, at
and for the unit prices set forth in their bid of November 2nd,
1925, be, and the same is hereby, accepted, and contract for the
work awarded to said Morgan -Hill .Paving Company.
2. That the City Manager be, and he ie hereby, authorised
to exeoute, for and on behalf of theCity of Miami, contract with
said Morgan -Hill Paving Company for the work.
On motion of Mr. Wilson, seconded by Mr. Lummus, the resolution was adopted by the
following vote - APES: Messrs. Leffler, Lummus, Wilson. NOES: None.
,APPROVAL OF PLANS FOR FILL IN BAY BY S.M.TATULZ
The following oommunioation from W. E. Brown Engineering Company was reobived at
this meeting:
November 6, 1928.,
Oity Commissioners,
City of Miami,
Florida.
Dear Sirs:-
Attaohed are sketches to a000mpany the permit applioation
of Mr. S. M. Tatum for bulkheading, dredging and filling his
property desoribed as Lots 74 to 77, inolusive, Blook 1, Flag-
ler. If the City of Miami has no objeotions to this proposed
development, we would like to have a waiver of objections under
seal and duly oertified by the City Clerk.
Hoping you will give this your prompt attention, I am,
Yours very truly,
W. E. BROWN ENGINEERING COMPANY, INC.
By (Signed) R. D. COMSTOCK, Asst.Engineer.
In oonneotion with the oommunioation to the Commission from the W. E. Brown.Engin-,
eering Company the City Manager submitted the following oommunioation from the Dl
rector of Public Servioe:
November 7, 19 25 .
Mr. F. H. Wharton,
Oity Manager,
Miami, Florida.
Dear Sir: -
The attached oommunioation from W. E. Brown Engineering
Company, Inc., dated November 6th, addressed to the City Com-
missioners, was left at my offioe.
You will note thishas referenoe to an applioation by Mr.
S. M. Tatum for bulkheading dredging and filling his property
desoribed as Lots 74 to 77 inolusive, Blook 1, Flagler, the.
Southerly end of which commences 124 feet North of the North
line of 3. E. 28th Road.
3o far as this Department is concerned I oan so no ob
jeotion to approving this applioation.
Yours very truly,
(Signed) ERNEST COTTON
Director of Publio Servioe
And the Commission finding no objeotions to the proposed bulkheading, dredging and
filling of property of Mr. S. M. Tatum a resolution approving the plan was intro-
duoed by Mr. Wilson, who moved its adoption: .
RESOLUTION NO. 2218.
A RESOLUTION APPROVING THE PLANS OF S. M. TATUM FOR BULK -
HEADING, DREDGING AND FILLING IN BISCAYNE BAY.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
That the plans of S. M. Tatum for bulkheading, dredging and fill-
ing pertain property described as Lots 74 to 77, inolusive, Blook 1,
Flagler, to the harbor line in Biscayne Bay as delineated on sheets
1, 2 and 3 of 3 of a aketoh prepared by W. E. Brown Engineering Com-
pany, Inc., be, and the same are hereby, approved by the Commission
of the City of Miami, Florida, for and on behalf of said City.
Upon being seconded by Mr. Lummus, the resolution was passed and adopted by the fol-
lowing vote - AYES: Messrs. Leffler, Lummus, Wileon. NOES: None.
CANCELLING ASSESSMENT FOR SIDEWALK
The City Manager submitted a oommunioation addressed to him from the Direotor of
Public Servioe reoommending the oanoellation of an assessment against Lot 19, Blk.
71, Miami South, for sidewalk improvement, Which is as follows:
74
November. 9th, .925.
miimilinimumiiiiiimmillgillimiiitiot
Mr. F. H. Wharton,
City Manager,
Miami, Florida.
Deer Sir:
Under sidewalk oontraot Sk-27, Distriot 83, M. A. Abrams is As-
sessed $22.86 for 20 feet of sidewalk in front of Lot 19, Block 71,
Miami South.
Mr. Abrams claims, and we have verified hie statement, that a
6 Ina terra ootta sewer was oonstruoted by the City under the aide -
walk built by himself in front of this lot on S. W. 10th Street. The
walk was broken to repair this sewer under the walk, and in repair-
ing same the fill was not properly made, oaueing the walk to settle.
Our people condemned tbe walk and built a new one under the oontraot
as stated.
Under the oirounstanoes we believe that Mr. Abrams should be re-
lieved of this asseesment, and I shall be glad if you will have the
neoessary resolution passed, authorizing the Finanoe Department to
cancel the lien.
Yours very truly,
(Signed) ERNEST COTTON
Direotor of Public Service
APPROVED: (Signed) F. H. WHARTON
City Manager
Whereupon the following resolution oanoelling the assessment against the property se
reoommended by the Direotor of Publio Service and approved by the City Manager was in-
troduced by Mr. Lummus:
RESOLUTION NO. 2219,
A RESOLUTION CANCELLING THE ASSESSMENT AGAINST CERTAIN
PROPERTY DESCRIBED HEREIN FOR SIDEWALK IMPROVEMENT.
WHEREAS, it appears from the report of the Direotor of Publio Ser-
vice that an assessment for sidewalk Improvements in the amount of $22.86
was erroneously made against Lot 19, Block 71, Miami South, and
WHEREAS, the said assessment should be cancelled and the lien against
the said property removed,
NON, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF.THE CITY OF MIAMI:
That the assessment for sidewalk improvements in the amount of $22.86 ag-
ainst Lot 19, Block 71, Miami South, be, and the same is hereby, oanoelled
and the lien against the said property for the said improvement is hereby
removed.
Upon motion of Mr. Lummus, seoonded byMr. Wilson, the resolution was passed by the
following vote - AYES: Messrs. Leffler, Lummue, Wilson. NOES: None.
ORDERING SEWER IMPROVEMENT 163.
A resolution ordering Sanitary
mus, who moved its adoption:
Sewer Improvement No. 163 was introduced bylfr.,‘Lto...,. t, ,
RESOLUTION NO. 2220.
A RESOLUTION ORDERING LOCAL IMPROVEMENT NO. SR.].63.
BE IT RESOLVED BY THE OMISSION OF THE CITY OF MIAMI:
That a looal improvement described and designated as follows Shall
be made under Section 56, City Charter:
Improvement Sr.163 as follows:
Laying Sanitary Sewer on or near the oenter line of N. E. 41st
Street, between N. E. 2nd Avenue and. N. Miami Avenue, and laying 6inch
Terra Cotta Laterals to oonneot said Sanitary Sewer to the property line
of the following lots and parcels:
Block 10, Biltmore Subdivision:
Lots 2 to 12, inolusive,
Blook 9, Biltmore Subdivision:
Lots 1 to 11, inolusire.
Block 8, Biltmore Subdivision:
Lots 14 to 24, inolusive.
Blook 7, Biltmore Subdivision:
Lots 4 and 5.
That Paroel of Graund lying north of N.E. 41st Street, between
Blook 7, Biltmore Subdivision and N. E. 2nd Avenue.
Neoessary manholes and appurtenanoee.
Relaying street and sidewalk pavements and ourbs and gutters where
such relaying is made neoessary by the improvement.
The property against which spoial assessments for the cost thereof
shall be made is hereby designated Distriot Sr. 163.
Upon being seoonded by Mr. Wilson, the said resolution was adopted by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
November .9th, 1925.
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01111111111 III
FIXING SALARY OF MUNICIPAL JUDGE -NIGHT COURT
A resolution fixing the salary of Municipal Judge D. J. Heffernan, appointed to
bold nightly terms of the Municipal Court, was introduoed by Mr. Wilson, who mov-
ed its adoption:
RESOLUTION NO. 2221.
A RESOLUTION FIXING THE SALARY OF MUNICIPAL JUDGE
D. J. HEFFERNAN AND APPROPRIATING THE NECESSARY
MONEY FOR THE PAYMENT THEREOF.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
1. That the salary of Municipal Judge D. J. Heffernan, appointed
to bold :sightly terms of the Munioipal Court, be, and the same is bere-
by, fixed at the sum of $250.00 per month.
2. That the neoessa.ry money for the payment of suoh salary be,
and the same le hereby, appropriated from the General Fund Surplus.
Upon being aeoonded by Mr. Lummus, the said resolution was adopted by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
ACCEPTING CERTAIN DEDICATIONS -SECOND READING OF ORDINANCES
Ordinanoes aooepting certain dedications of portions of subdivisions for public use,
adopted on their first readings at the meeting on November 2nd, were taken up for
their final reading and adoption.
The ordinanoe entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE SUBDIVISION TO BE KNOWN AS
"WASHINGTON PLACE"
was introduced by Mr. Lummus and on his motion, seconded by Mr. Wilson, was given
its seoond and final reading in full and passed and adopted on its seoond and final
reading by the following vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The said ordinance is designated Ordinanoe No. 520 and is shown in full as passed
and adopted in Ordinanoe Book 1.
The ordinanoe entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES, HIGHWAYS AND PARKS IN THE RESUBDIVISION TO BE
KNOWN AS "RED STAR SUBDIVISION NO. 1"
was introduoed by Mr. Wilson and on his motion, seconded by Mr. Lummus, was given
its seoond and final reading in full and passed and adopted on its second and final
reading by the following vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The said ordinanoe is designated Ordinanoe No. 521 and is shown in full as passed
and adopted in Ordinanoe Book 1.
The ordinanoe entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE RESUBDIVISION TO BE KNOWN
AS "MILLEDGE HEIGHTS"
was introduoed by Mr. Lummus and on his motion, seconded by Mr. Wilson, was given
its second and final reading in full and passed and adopted on its seoond and final: ',
reading by the following vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.:,-
The said ordinanoe is designated Ordinanoe No. 522 and is shown in full as passed
and adopted in Ordinance Book 1.
The ordinanoe entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES, HIGHWAYS AND PARKS IN THE SUBDIVISION TO BE
KNOWN AS "FLAGLER COURT HEIGHTS "
was introduoed by Mr. Lummus and on his motion, aeoonded by Mr. Wilson, was given
its second and final reading in full and passed and adopted on its seoond and final
reading by the following vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The said ordinanoe is designated Ordinanoe'No. 523 and is shown in full as passed
and adopted in Ordinance Book 1.
The ordinanoe entitled:
AN ORDINANOE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE SUBDIVISION TO BE KNOWN
AS "CAPITAL"
was introduoed by Mr. Lummua and on his motion, aeoonded by Mr. Wilson, was given
its seoond and final reading in full and passed and adopted on its seoond and final
reading by the following vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The said ordinanoe is designated Ordinance No. 524 and is shown in full as passed
and adopted in Ordinance Book 1.
The ordinance entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE SUBDIVISION TO BE KNOWN AS
"CAPITAL SUBDIVISION NO. 2"
was introduoed by Mr. Lummua and on hie motion, aeoonded by Mr. Wilson, was given
its second and final reading in full and passed and adopted on its second and final
reading by the following vote - AYES: Metiers. Leffler, Lummus, Wilson. NOES: None.
The said ordinanoe is designated Ordinance No. 525 and is shown in full as passed
and adopted in Ordinance Book 1.
No.vember...9tL,.. 1925..
ACCEPTING CERTAIN DEDICATIONS -FIRST READING OF ORDINANCES
Plats of oertain subdivisions showing the dedioation of pertain parto of suoh sub-
divisions to the use of the public, bearing the approval of the Direotorof Publio
Service, were submitted and ordinances aooepting the dedioations ahem on suoh
plate were introduoed and adopted on their first readings.
The ordinance entitled:
AN ORDINANCE ACCEPTIN1 THE DEDICATION OF THE STREETS,
AVENUES, HIGHWAYS AND PARKS IN THE SUBDIVISION TO BE
KNOWN AS "SHENANDOAH PARK"
was introduoed byMr. Lummus and on his motion, seoonded by Mr. Wilson, was given
its first reading and passed on its first reading by title only by the following
Vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
. The ordinanoe entitled:
AN ORDINANCE ACCEPTTINx THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE RESUBDIVISION TO BE KNOWN
AS "EVERGLADES AVENUE BUSINESS PLAZA"
was introduoed by Mr. Lummus and on his motion,aeoonded by Mr. Wilson, was given
its first reading by title only and passed on its first reading by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The ordinance entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE SUBDIVISION TO BE KNOWN
AS "ESTELLE PARK NO. 2"
was introduoed by Mr. Wilson and on his motion, seoonded by Mr. Lummus, was given
its first reading by title only and passed on its first reading by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The ordinanoe entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE RESUBDIVISION TO BE KNOWN
AS "MADISON SQUARE"
was introduoed by Mr. Lummus and on his motion, seoonded by Mr. Wilson, was given
its first reading by title only and passed on its first reading by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The ordinanoe entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE SUBDIVISION TO BE KNOWN
AS "TAMIAMI MANOR"
was introduoed by Mr. Wilson and on his motion, seoonded by Mr.,Lummus, was given
its first reading by title only and passed on its first reading by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
The ordinanoe entitled:
AN ORDINANCE ACCEPTING THE DEDICATION OF THE STREETS,
AVENUES AND HIGHWAYS IN THE RESUBDIVISION TO BE KNOWS
AS "AMENDED PLAT OF RADIO PARK"
was introduoed by Mr. Lummus and on his motion, seoonded by Mr. Wilson, was given
its first reading by title only and passed on its first reading by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
AUDIT REPORT ON BUENA VISTA, SILVER BLUFF AND COCONUT GROVE
The City Manager submitted the report of Ernst & Ernst, Auditors, on the Distriots
of Buena Vista, Silver Bluff and Coconut Grove ani on motion duly made and seoond-
ed the said report was ordered filed in the office of the Clerk.
CONFIRMATION OF IMPROVEMENT SA. L. 5.
This being the date set and advertised for reoeiving objeotions to the confirma-
tion of Sanitary Lateral Improvement and no objeotions thereto having been re-
oeive&, the resolution ordering the said improvement was confirmed by the follow-
ing resolution which was introduoed by Mr. Wilson, who moved its adoption:
RESOLUTION ND. 2222.
A RESOLUTION CONFIRMING THE RESOLUTION ORDERING
SANITARY LATERAL IMPROVEMENT NO. 5.
WHEREAS, the City Commission at a meeting held at 3:00 o'ol ook
P.M., November 9th, 1925, after legal notioe, heard all objeotions
presented by interested persons to the confirmation of the resolu-
tion ordering Sanitary Lateral Improvement No. 5, and the plans, spe-
oifioati.ons and estimate of oost thereof, and no objeotion was sus-
tained,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI: That Resolution No. 2209, adopted Ootober 26th, 1925, or-
dering Sanitary Lateral Improvement No. 5, be, and the same is here-
by, confirmed.
Upon being seoonded by Mr. Lummus, the resolution was adopted by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
November 9th, 1925.
AUTHORIZING CONTRACT i:MPLOYING `1'HOS. GRADY ORGANIZATION
A resolution authorizing the execution of a oontraot by the City Manager, for and
on behalf of the City of Miami, employing the Thoo. Grady Organization in the mat-
ter of freight traffio for the term and period of six months at e monthly fee of
$500.00 and providing for other expenses in connection therewith was introduced by
Mr. Wilson, who moved its adoption. Said resolution is as follows:
RESOLUTION NO. 2223.
A RESOLUTION AUTHORIZING THE CITY Li&Na1GER TO EMPLOY THE
THOMAS E. GRADY ORGANIZATION IN THE MATTER OF FREIGHT TRAF-
FIO AND PROVIDING FOR OTHER EXPENSES IN CONNECTION THERE-
WITH.
BB IT RESOLVED BY THE COMMISSION OF TILE CITY OFI1LIAMT:
1. That the City Manager be, and he is hereby, authorized to em-
ploy the Thos. E. Grady Organization in the: matter of freight traffio
to work in oonjunotion with the City Traffic Commission for a period
of time not to exceed six months at and for the monthly fee of $500.00.
2. That the City Manager be, and he is hereby, authorized to pay
for the rental of an offioe for the use of the City Traffic Commission
and for stenographic servioes in oonneotion with the business of said
Commission, provided, however, suoh expenses for rent and stenographic
servioes shall not exoeed the sum of $200.00 per month.
Upon being seconded by Mr. Lummus, the said resolution was adopted by the following•
vote - AYES: Messrs. Leffler, Lemma, Wilson. NOES: None.
AUTHORIZING AGREEMENT WITH MIAMI BEACH RAILWAY COMPANY FOR OPERATION OF BUSSES
A resolution consenting and agreeing to enter into an agreement with the Miami Beaoh
Railway Company for the purchase and operation of buses for the City of Miami and au-
thorizing the exeoution of the agreement was introduced by Mr. Wilson, who moved its
adoption. Said resolution in full is as follows:
RESOLUTION NO. 2224.
A. RESOLUTION CONSENTING AND AGREEING TO ENTER INTO AN AGREE-
MENT WITH THE MIAMI BEACH RAILWAY COMPANY FOR THE PURCHASE
AND OPERATION OF BUSSES FOR THE CITY OF MIAMI AND AUTHORIZ-
ING THE EXECUTION OF SAID LEASE.
BB IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
1. That the City of Miami, Florida, consent and agree to enter in-
to an agreement with the Miami Beaoh Railway Company, a Florida corpora-
tion, for the purchase and operation of busses for the City of Miami,
Florida, in the following form, to -wit:
THIS AGREEMENT entered into this day of , 1925,
by and between the City of Miami, Florida, a municipal corporation, (here-
inafter called the City), Party of the First Part, and The Miami Beaoh
Railway Company, a Florida Corporation (hereinafter called the Company),
Party of the Second Part.
WHEREAS, the Company now operates the street railway system owned by
the City under an agreement dated the 17th day of July, 1924; and,
WHEREAS, the City is desirous of installing a system of buses for
the purpose of providing additional transit faoilities to the inhabitants
of said City; and,
WHEREAS, the Company is willing to purohase end operate said busses
on the terms and oonditions hereinafterset forth;
NOW, THEREFORE, this Agreement,
WITNESSETH:
That for and in consideration of the mutual oonvenants and agree -
ments herein contained, the parties hereto agree as follows:
FIRST: The Company agrees:
1. To purohase and put in oondition for operation in Miami, at its
Ole cost and expense, but for and on behalf of the City, as hereinafter
set forth, thirty-six (36) passenger buses with carrying capacity of
twenty-nine (29) passengers and fourteen (14) passenger buses with parry-
ing oapaei ty of twenty-one (21) passengers, e11 of a type and make mutual-
ly satisfaotory, said buses to be ordered within ten (10) days after the
Company and the City shall agree as to the type and make of the buses to
be so purchased by the Company;
2. To plaoe the buses in operation as soon as all or any thereof
shall be delivered and are in satisfaotory operating condition as part
of the City's transportation system on such routes and under schedules as
may mutually seem advisable to the parties hereto;
3. To pay all posts of operation. including maintenance, renewals
and replacements, in the manner and under the conditions hereinafter set
forth;
4. To indemnify and hold the City harmless against any and all lia-
bility, loss, cost, damage or expense which may accrue to the City by
reason of the negligenoe, carelessness or recklessness of the Company in
the operation of any or all of said buses.
5. To deliver to the City title to said buses when the City shall
have completed its payments therefor, as herein provided, by good and
sufficient bill of sale, or other oonveyanoe neoessary to convey good
title;
November 9tb, 1925.
8. To promptly provide and install, or cause to be provided
and installed, in the garage to be provided by the City as in Para-
graph 2, Section Seoond hereof, the proper and neoessary tooland
equipment for the repair of said buses. Additions to seid equip -
ment, as required from time to time hereafter, shall in like man -
ner be provided ea the some shall become necessary during the life
of this agreement;
7. To operate extensions of the bus transportation system
herein provided for se such extensions hereafter may be mutually
agreed upon by the parties hereto under conditions to be mutually
agreed upon as a reasonable and proper basis for such operation.
Such agreements when made shall be reduoed to writing whenever ne-
oessity may arise from time to time hereafter and shell thereupon
become supplementary to this agreement;
8. To furnish to the City quarterly reports showing the re-
sults of operations of the bus system operated under this agreement
during the preoeding quarter. These reports shall show total in-
come from bus operations under this agreement, together with cor-
responding oosts of operation and maintenance. The Company will al-
so render periodic reports as to the physical condition of the pro-
perty and mill oo-operate with the City's representative in every
reasonable way to provide the City with all necessary information
relative to same.
SECOND: The City agrees:
1. To use its beat endeavors to prooure special legielation
whereby the City of Miami may meet en ordinanoe permitting the use
of bus body widths of ninety-one (91) inobes;
2. To provide and equip a suitable building located on land
owned by the City et
adequate for the storage and repair of the buses and other equip -
ment, said building to be designed to the mutual satiefaotion of
the parties hereto;
3. To take over and purchase, upon the termination or expi-
ration of this agreement, all of the buses and tools and equipment
then owned by the Company hereunder et a prioe equal to the amount
invested by the Company therein less all amounts repaid by the City
to the Company as an amortization of the Company's investment there-
in as provided in Paragraph 4 of Seotion Third, hereof; provided,
however, that any amount remaining in the reserve for renewals and
replaoements shall be used so far as available and necessary in the
payment of the City's obligation hereunder;
4. In the event the gross reoeipts of the bus system herein
proposed ebould for any oalender year or fraction thereof be less
than the corresponding operation oost, as herein defined, then and
in that event, the City agrees to pay to the Company on or before
the thirtieth day of January, next suooeeding, in oash, the amount
by which the said cost exoeods the total gross earnings for such
period, it being agreed, however, that the City'e minimum oblige
tion hereunder is based on 3600 miles per bus per month at thirty
oents (301) per bus mile, as provided in Paragraph 5 of Seotion
Third hereof.
The operating oost as oontemplated in this paragraph shall
oonsiet of all the costs of operation, inoluding maintenance, tax-
es, insurance, rentals, and all reasonable and proper reserves,
snob as reserves for judgments and claims, noncollectible accounts
and renewals and replaoements, and all other items exoept those
which, in a000rdanoe with approved accounting praotioe, are proper-
ly chargeable to property or fixed capital account. (Interest shall
not be considered as a part of the oost of service, for the purpos-
es set forth in this paragraph).
5. The City agrees to pass and enaot within thirty (30) days
from the date hereof and thereafter from time to time, all ordin-
anoes and/or resolutions necessary or desirable for the regulation
of motor vehioles or otherwise eo that the operations, revenues and
investment of the parties hereto shall at all times be adequately
proteoted. In the event that the Company shall be of the opinion
that it is neoessary or desirable for the City to pass ordinanoes
and/or resolutions for purposes above mentioned, the City agrees to
pass and enaot suoh ordinances and/or resolutions in the form re-
quested by the Company within thirty (30) days after suoh request
unless the City shall be of the opinion that the ordinanoes and/or
resolutions so requested by the Company are not necessary or desir-
able for the proteotion of the operations, revenues and investment
of the parties hereto and shall so inform the Company within ten
(10) days after the request by the Company for the passage of suoh
additional ordinances and/or resolutions. In suoh event the ques-
tion as to the necessity or desirability of the ordinances or re-
solutions in question shall be referred to three (3) arbitrators who
shall be appointed as follows:
Tbe Company shall appoint en arbitrator within ten (10) days
after notifioation by the City that the ordinanoe request by it is
not neoessary or desirable, as herein provided, and the City shall
appoint an arbitrator within said last mentioned period of ten (10)
days. The two arbitrators shall thereupon appoint a third ebitra-
tor. In the event the two arbitrators so appointed shall fail to
agree within 'Len (10) days after their appointment upon a third ar-
bitrator, the third arbitrator shall be appointed by the Judge of
the United States District Court for the District in which the City
is situated and such appointment shell be binding upon the parties
hereto. The deoision of a majority of the arbitrators as to the
question of the neoeseity or desirability of the ordinances or re-
solutions so requested shall be final and binding upon the parties
hereto. In the event the City shall within thirty (30) days after the
deoision of the arbitrators fail to pass the ordinances or resolution
so adjudged to be neoessary or desirable, or shall fail to pase the
ordinanoe or resolution request by the Company within thirty (3D)
J•••
•
November 9, 1925.
1111
MM'
1
1
1
days after such request without having requested arbitration as here-
in provided, or shall fail to appoint its arbitrator within the period
deilignated, then and in such event, the Company ohall have the right
at its sole option to terminate thie agreement and to require the City
to purchase the buses, tools and equipment as in Paragraph 3 of Section
Seoond provided. In the event that the Company shall fail to appoint
its arbitrator within the period herein provided, then and in that ev-
ent the Company shall thereupon have lost its right to terminate at this
time this agreement for failure en the part of the City to so pees said
ordinanoe or resolution.
6. To permit the Company to oredit against Company's investment
hereunder, any and all amounts which may be due the City under any of
the provisions hereof, until the entire amount invested by the Company
hereunder, as herein provided, shall have been repaid by the City to the
Company.
THIRD: It is mutually agreed:
1. That this agreement is to extend from date of execution to July
16th, 1954, subject to oanoellation, however, on July 16th, 1934, or Ju-
ly 16th, 1944, upon twelve (12) months prior written notioe by either
party to the other of its intention to so oanoel and terminate this
agreement;
2. That unless otherwise mutually agreed, the fare to be oharged
for bus transportation shall be ten oents ($0.10) for all passengers,
but that bus passengers are to be granted a transfer to any street rail-
way line owned by the City of'Miami without extra faro, and that trans-
fers to buses will be given to passengers on any street railway line own-
ed by the City and operated by the Company wholly within the City of Mi-
ami upon the payment of an amount equal to the difference between the
then existing street railway fare and then existing faro for bus trans-
portation; provided., however, that the issuance of transfers is to be
limited to passengers making a continuous journey andtransferring at de-
signated junction points of railway and bus routes, said junction points
to be mutually agreed upon, to vehicles going in the same general direc-
tion. It is mutually agreed that said fare may be increased and the
transfer privilege changed, ourtailed or suspended upon mutual consent
whenever it may be deemed neoessary or advisable;
3. That the gross revenues oolleoted by the Company from the op-
eration of the buses shall first be applied as a credit, as far as said
revenues shall be available, on the amount guaranteed by the City to the
Company under Paragraph 4, of Seotion Seoond hereof;
4. Any surplus, remaining after the applioation of said gross re-
venues as provided in Paragraph 3 of Seotion Third hereof, shall be ap-•
plied as follows:
(a) To the payment to the Company of two and one-half (2i01) per
bus mile out of which the Company shall reimburse itself for any and all
oosts of technical, financial or other supervisory service rendered to
it under any general supervision contraots it may make with.other par-
ties;
(b) To the payment to the Company and/or the City, as the ease may
be, of ten percent. (10%) on the total amount originally invested by the
Company under the provisions of Paragraphs 1, 6 and 7 of Section First
hereof;
(o) Any amounts remaining after the charges herein provided shall
be divided equally between the Company and the City.
It is understood and agreed that any and all amounts accrueing to
the City under this Paragraph 4 of Seotion Third hereof may be applied
by the Company to the repayment to it of all money invested by the Com-
pany in the buses and facilities herein provided, and the statement of
the Company that it has so applied such amounts shall be considered as
an acknowledgment by the City of any and all sums due and payable to it
under this Paragraph 4 of ssid Seotion Third thereof. It is further un-
derstood that as and when the amounts to be paid to the City shall be
applied to the amortization of the investment made by the Company, as
herein provided, the amount due and payable under Clause (b) of this
paragraph shall be divided between the City and the Company in the same
proportion that the Company's investment and the City's investment shall
bear to the total investment made under this agreement;
5. That unless modified by mutual consent, the Company shall run
the buses operated hereunder for a minimum average of thirty-five hun-
dred (3500) miles per bus per month, and that the City's minimum obli-
gation under Paragraph 4 of Seotion Second hereof is represented by
thirty-five hundred (3500) miles per bus per month at thirty cents
(30V) per bus mile.
6. The books and records of the grantee appertaining to the bus
service rendered hereunder shall be open at all reasonable times to
the inspection of the duly authorized representatives of the City, and
within sixty (60) days after the close of every calendar year, the Com-
pany shall fi]e with the City a statement of the earnings and expenses
hereunder daring said oalender year. The City shall have the next suo-
ceeding sixty days after the filing of such statement in which to veri-
fy the same and to deliver to the Company in writing the specifications
of its exoeptions thereto, if any; in the event such written exoeptiona
are not so made, such statement shall be considered approved.
7. This agreement shall be at all times subject to the general re-
gulatory powers granted by law to any state railroad or public utility
commission having jurisdiction;
8. This contraot shall inure to and be binding upon. the successors
of the parties hereto and the Company is hereby given the right to as-
sign this contract to any corporation which shall at that time be oper-
ating the street railway lines now owned by the City of Miami.
IN WITNESS WHEREOF the parties hereto have hereunto caused this in-
strument to be signed by their duly authorized officers and their offi-
cial seals to be hereunto affixed the day and year first above written.
0
IMMO
November9Eh., 19
2. That the City Manager with the attestation of the City Clerk
of the City of Miami, be, and they are hereby authorised and.di?eoted
to exeoute the said agreement for and on behalf of the City of Miele',
Florida, and the City Clerk is hereby authorized and direoted to af-
fix .the official seal of said City to said agreement.
Upon being seconded by Mr. Lummus, the said resolution was adopted by the following
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None.
APPROVING PLANS OF PENINSULA TERMINAL COMPANY FOR FILL IN BAY
The following request from W. E. Brown Engineering Company for a waiver of objections
to theoonstruotion of a pier by the Peninsula Terminal Company in Bisoayne Bay east
of Causeway Terminal was reoeived:
November 3, 1926.
City Commissioners,
Miami, Florida.
Dear Sirs: -
Enclosed is one set of plans of the proposed pier to be constructed
by the Peninsula Terminal Company. These plans are submitted for your
approval in whiohcase we would like a waiver of objeotions duly oerti-
fied under your seal by your olerk. This requirement is made by the
War Department before the permit is issued. You will favor us greatly
by giving this matter your prompt attention.
Yours vary truly,
W. E. BROWN ENGINEERING COMPANY, INC.
By (Signed) R. D. COMSTOCK, Asst. Engineer.
And the City Manager submitted the following oommunioation addressed to him from the
Director of Public Servioe stating that the Department of Publics Service bad to ob
jeotions to offer to the proposed pier:
November 7th, 1925.
Mr. F. H. Wharton,
City Manager,
Miami, Florida.
Dear Sir:
The attaohed oommunioation from W. E. Brown Engineering Company,
Inc., dated November 3rd, 1925, addressed to the City Commissioners, was
left at my offioe.
You will note this has reference to a proposed pier to be oonetruot-
ed by the Peninsula Terminal Company in Bisoayne Bay South of the Viaduot.
Applioation was made to the Government for permit on this work, and
the Government asked for waiver of objections from the City of Miami. This
Department has no objections to offer.
Yours very truly,
(Signed) ERNEST COTTON
Director of Pubiio Service
And upon examination of the sketohes and drawings submitted with the communication of
the W. E. Brown Engineering Company there appearing to the Commission no objections to
the proposed pier the following resolution was introduoed by Mr. Lummus, who moved itp..
adoption:
RESOLUTION NO. 2225.
A RESOLUTION APPROVING THE PLANS OF PENINSULA TERMINAL COM-
PANY TO CONSTRUCT PIER, CONCRETE BRIDGE AND DREDGING SLIP
EAST OF CAUSEWAY TERMINAL IN BISCAYNE BAY.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
That the plans of Peninsula Terminal Company for oo nstruo ting pier,
oonorete bridge and dredging slip east of Causeway Terminal in Biscayne
Bay as delineated in Sheets 1, 2 and 3 of 3 of a Sketch prepared by W.E.
Brown Engineering Company, Ina., be, and the same are hereby, approved
by the Commission of the City of Miami, Florida, for and on behalf of
said City.
Upon being seconded by Lr. Wilson, the said resolution was adopted by the fol
vote - AYES: Messrs. Leffler, Lummus, Wilson. NOES: None. .
ADJOURNMENT
On motion duly made and seconded, the meeting was
this date.
6:30 o'olock P.
ITEM NO1
DOCUMENT IDENTIFICATION
� n
CITY OF MIAMI
D CUMENT
MEETING DATE:
INDEX NOVEMBER 9, 1925
1. AUTHORIZL PAYMENT OF BILLS OF CHESTER B. MASSLICH FOR
SERVICES IN THE ISSUANCE OF CERTAIN BONDS.
2. ACCEPT BID - AWARDING CONTRACT TO JOHN J. QUINN COMPANY
FOR CONSTRUCTION OF SEWERS IN DISTRICTS SR.147 TO SR.152.
4.
5.
6.
7.
8.
9.
10.
11.
12.
ACCEPT BID - AWARDING CONTRACT TO MORGAN-HILL PAVING
COMPANY FOR CONSTRUCTION OF ST. PAVING.
APPROVING THE PLANS OF S.M. TATUM FOR BULKHEADING IN
BISCAYNE BAY.
CANCELLING THE ASSESSMENT AGAINST PROPERTY FOR SIDEWALK
IMPROVEMENT.
ORDERING LOCAL IMPROVEMENT NO. SR. 163.
FIXING THE SALARY OF MUNICIPAL JUDGE D.J. HEFFERNAN.
ORDERING SANITARY LATERAL IMPROVEMENT NO. 5.
AUTHORIZE CITY MANAGER TO EMPLOY THE THOMAS E. GRADY
ORGANIZATION IN THE MATTER OF FREIGHT TRAFFIC.
CONSENTING AGREEMENT WITH THE MIAMI BEACH RAILWAY CO.
FOR THE PURCHASE OF BUSSES FOR THE CITY OF MIAMI.
APPROVING PLANS OF PENINSULA TERMINAL CO. TO CONSTRUCT
PIER TN BISCAYNE BAY.
RESOLUTION IN REFERENCE TO THE SUBMERGED LAND AS SET
FORTH AND SHOWN IN BILL VETOED BY GOVERNOR MARTIN.
COMMISSION
ACTION
RETRIEVAL
CODE NO.
R-2215 02215
R-2216 02216
R-2217 02217
R-2218 02218
R-2219 02219
R-2220 02220
R-2221 02221
R-2222 02222
R-2223 02223
R-2224 02224
R-2225 02225
R-2226 02226