1932-04-26 MINUTES CITY COUNCIL SPECIAL MTGs,
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h4inutes of Special Called Afeeting of the City Council at ity 118,11, South I'Jl ami ;
Fla., April 26th, 1932
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In the Circuit Court'of the
Eleventh Judicial Circuit in and
for Lade County, Stage of Florida.
State of Florida, Ex rel,
American- Lafrance and
Foamite Industries, Inc.,.
A Corporation,
Relator,
_vs
City Councill'of the City of
South ll ami, a municipal Corporation
under the laws of the State of Florida;
W. A. Foster, as mayor of said city;
D. J. Red, J. R. Burtashaw, J. C. Smith,
�T..}E. Angerman, H. F. Shelley, Barry
Rouser, and R. J. Lindley, as
Councilmen of the said City of
South Miami; and. J L. Yarborough,
City Clerk of said City of
South Miami, '
Respondents.
Alternative Writ of Mandamus
Whereas, the State of Florida on the relation of American lafrance and Foamite
Industries, Inc. a Corporation, has filed its petition for alternative grit of Mlandsmas
and it appearing from the allegations of the petition that the City of South 2116 -rd Was
Incorporated by Chapter 13425 of the special Acts of the Legislature for the year 1927;
an(j that according to the said chapter 13425 it was to be governed and controlled by a
Mayor and a body designated as City Council which shall be compos d of seven (7) Council-
men duly and ,regularly elected; and that it furthur appearing that on Feb. 9th, 19319
W. A. Foster was duly and regularly elected Mayor, and the respondents D. J. Iced, J'. R.
Burtashaw, J. C. Smith, 17. E. Angerman' Ii. F. Shelley, Harry Houser and R. J Lindley
were duly and regularly elected as City Councilmen; and it further appearing that on or
about larch 1, 1931, the said elected officers duly qualified for their respective posi-
tions, and it furthur appearing that the .Legislature of the State of Florida during its
1931 session passed a bill known as House Bill No.136x abolishing the lunicipality of
South Iniami and Repealing'' chapter 13425 of the special acts of the legislature for the
year 1927 which said house bill No. 136x was approved on the 26th day of June, 1931,
and that pursuant to the terms and provisions of said act an election was held in which
a majority of the qualified electors, of the City of South 1,111smi actually voting ratified sc,
said act, it further appearing ttbat imnedia.t'ely thereafter the said :Aayor and City Coun-
c'l cotsed to function as such and have at all times since said, election failed alid
refusod to perform the dat es of their respective offlces, as sot out in acid prescribed .
In said chapter 134 "5 of the special acts of the to islature for the ree.r 15279 nitho
their svcae;snrs have riot boon electod, nor lave the aaJA b',ayor add said City';VIndilzen
been relieved from performing the duties required of them to be pdreoriyed by said chapter
13425; nnd_,it furthurn appearing that said house bill No. 136x is unconstitutional in
that it makes no provisions foe -t,ie proi:ection of the creditors of the City of South
Vjami, as is required by the constitution of the State of Florida; and it furthur appear-
ing taht on June 26th, 1931, and on August 14th, 1,931, the said City of South Miami was
indebted to the relator in the approximate sum of N1460.00 to the Standard 011.Co. in
the approximate sum of '15.00 and to J. 0. Sullivan and. J. J. Lindsey in the approximate
SUM of N150;00 and to the Florida Power and Light Co. in the approximate sum of x208.43
and it furthur appearing that the City of South i::iami had previous to the said dates
entered into a contract with the Florida Power And 'Light Co. for electricity for street
lights for a period of twelve (12) years from January 7th 1930,; and it furthur appearing
that the said House Bill Ito. 136x not only violates the constitution of the State of
Florida in that it makes no provision for the protection_ of the creditors of the said
City, but that it also violates the constitution of the United States in that it attetapts
and does impair the obligations of the contract said that :sad act is void and of no effect
and does not relieve the 1.ayor and City Councilmen from performing their respective
duties as requires of them to be performed by Chapter 134 ?5 of the special acts of the
legislature for the year 1927; and it furthur appearing that on the lOth day of August
1931, the City of South Yiami, owned property in thr approximate sum of ;1409000.00 and
that none of said officials are performing their respective duties in connection there-
with, and it furthur appearing that the rights of the relator, as bell as the other cred
hors of the said City of 'South a la-mi, will be greatly Impaired unless an alternative
„writ of mandamus issue;
It is therefore orderes that the respondents City Council of tho City of South
Miami, a municipal corporation under the lasts of the State of Florida; 17. A. Foster
as Yayor of said City, D- J. Red, J. R. Burtashaw, J. C. Smith, 11. F. Augerr+an, H. F.
Shelley, Harry Houser and R. J. Lindley, as councilmen of the said City of South Miami;
and J. L. Yarborough, as City Clerk of said 'City of South Miami, and each of them,, are
commanded to commence immediately to conduct and transact the business of the said City
og South t�iiami by doing and performing all of the acts and things required of them to be
done and performed by chapter 13425 of the special acts of the legislature for the year
1927, and that they continue to conduct and transact the business of the said City of
South Miami, and too do and continue 'to do and perform all the acts and things required
of them to be done and performed by said chapter 15425 until such time, or times, as
their successors shall be elected and qualified or to show cause if any,they have on the
19th day of April, 19329 why they should not obey this writ.
Done and ordered in Chambers at ;,;iami, Lade County,
Florida, this 7th, day of April, A. D. 1932.
CJorth fit. 'Trarnrel'1 _
Circuit Judge
J. 0. Sullivan
Attorney for Relator
In the Circuit Court of the Eleventh Judicial Circuit
in and for Bade County State of Florida
14538 At Lab
State of Florida, ex rel
American- Lafrance and:
pomnite Industries. Inca
e. corporation Relator.
29—
City council of the Cit.r of
South .iomi, a nun Giosy corporation
under the laves of thh State of Vlorldn 6
;y, f. Foster as L.ayor of said City*
i D. J. Red, J. R.'Burtashaw, J. G. Smith, Pl. L. Angerman
H. F. ,Shelley, Harry Houser and R. J..Lindley as
councilmen of said City of South Lrieni; and -•
J. L. Yarborough, City Clerk of said City of South Miami. `
Respondents
And now come We A. Foster„ J. J. Red, J. R. Burtashaw, J 0. Smith, We E. A'ngerman,
H. F. Shelley, Harry Houser and R. J. Lindley; and J. L. Yarborough, in their own behalf
and as the L;ayor, City ^.ouncil, and %lerk of said City of South lila:mi9 and hereinafter
called respondents and respectfully submit to the Court that it is true as stated in the
Relators petition filed herein, that they were duly elected and. qualified as the 11.1atyor
councilmelh and clerk of rsaid City od South :,tiara , Florida.; and continued to fiuzct' -on
as such unto and including the 21st day of ELugust 1931.
Your respondents furthur allege that the legislature of the State of. Vlorida, did on the
26th, day of June, 1931, approve an legislative enactment, known as ?-rouse Bill, 1362
abolishing the municipality of the City of ;South -iami; which said bill was to become
` effective when ratified by a majority of the qualified electors of said municipality
voting, at an election to be held for said purpose. > And that acting in compliance to the
provisions of said House 'Bill NO. 136x4 your Respondents, in their official capacity 0
called said election, which was 'held on the 10th, day of'August, 1931, and that on the
21st day of August, 1931, the said City Council acting in the capacity of a returning
board, as was its duty, canvassed the returns of said election and found, and so declared
that a majority of the cualified electors of said city voting at said election did by their
ballots, declare themselves in favor of abolishing' said Lunicipality
Mich said finding was duly .recorded n`the minutes of said meeting and the respondents'
deemed.-the tenure of their several offices had terminated. Since which time they have re-
fused to act as City officials.
Your respondents furthur declare the facts to be that at the time of the approval of said '
House Bill 136x, and at the time the election` to abolish the municipality was held, said C
-City was indebted to various and sundry persons and corporations, among which was the
relator herein; and was under contract with`the Florida Power and Light Co. for light-
ing the streets of said City* which contract was in writing and by the terms thereof_
did not terminate for several years.
Respondents respectfully declare to the court that they neither admit nor deny the con
stitutionality of said house Bill 136x but plead it in justification of their official
conduct in the mapter.
Premises considered, respondents respectfully pray"thi6ohonorable'court for,.•such judgment
as the facts and law demand, and that the cost of this proceeding be not taxed against
them.,
And as in duty bound, will ever pray.
b;ayor
Clerk
�;oi nii c3l.s+ en
n
state of Florida;
County of Dade; ..,
Personally appeered before me the undersigned officer authorized by law
to administer oaths and take acimowledg ments, D. J. Red, who first being duly sworn
on oath says that he is one of the respondents in the above and foregoing matter and
that the facts set out in the response are true.
Sworn to and subscribed before me this 19th, day of April, A. 3). 1932.
Notary Public State of Florida
In the circuit court of the eleventh
judicial circuit in and for Dade County,
State of Florida.
At Lacy 110. ' 14538 -C
State of Florida, ex rel.
and American- Lafrance and Foamite
Industries, Inc., a corporation,
Relator.
-VS-
City Council of the City of
South i,iemti, a municipal cor-
poration under the laws of the
State of Florida ;;ti7. A. Foster,
as Mayor, of said City, D. J. Red,
J. R. Burtashaw., J. C. Smith,
W. E. Angerman, }I. F. Shelley,
Barry Houser and R. J. I,1ndley,
as councilmen of the said City of South i:i.ami
and J. L. Yarborough, City Clerk i
of said City of South ;dami,
'Respondents,
Premptory Writ of Mmildnim's__
Whoreas the State of Florida on the relation of American- T.afrance and Foamite
Industries, Inc., a, corporation, has its petition for alternative writ of 2„nndatmis,
and it appear :ism from the allegations of the petition that the City of South Lliami was
incorporated by chapter 134'5 of the special ants of the legictature for the year 1927;
�. and that according to the said chapter 13425 it was to be (;overnod Bald controlled by e'
mayor and a body desifnated as City coullell '%7%, ich shall be comPoae:1 ow sevetc (71 coon
oilmen duly and, reollarly erected; i and t furthue ap'siearinr tlMt on !� ebr�Uary 9th, '19`L1,'
A. Poster was duly and regularly elected mayor;, and the respondents 1. J. ?led,
J. R. burtashaw, J. 0. Smith, W. E. Angertran, ii. F. Shelley, IT arry Houser and A. J.
Lindley were duly and regularly elected as City Councilmen; and it further appearing
that on or about IJa,rch 1st, 1931, the said elected officers duly qualified for their
respective positions; and it furthur appearinc; that the legislature of the State of
lorida during its 1931 session passed a bill known as house bill ITT. 136x abolishing the
municipality of South and chapter 13425- of the special acts of the
� 1f C
legislature for the year 1927 which said house bill 110. 136x was approved on the 26th,
day of June, 1931, and that pursuant to the terms said provis =ions of said act an election
was held in which a majority of 'the qualified electors of the City of South ...imam actually
voting ratified said act it furthur appearing that immediately thereafter the said
mayor and City Council ceased to function as such and have at all times since said elec-
tion
chapter the duties of t heir respective offices, as set out
in and prescribed refused
said o chapter 134.25 o. the special acts of the legislature for the
year 1927, although their successors have not been elected, nor have the said mayor
and said city council been relieved from performing the ;Iu.ties required of them to be
performed by said chapter 134.25,; and it furthur appearing that said house bill 1;0. 136x
is unconstitutional in that it makes no provision for the protection of the creditors
of the City of South ::darn, as is required by lh,e constitution of the State of Vlorida;
and it furthur appearing that on Jmie 26th, `1931, and on Aueust 10th, 1931, the said
City- of South :iar..i was indebted to the relator in the approxinate sum of "'1460.00;
to the Standard 0-i1 t;o. in theaapro :inane sum of :`:L5.n, nL.1 to J. C. Sullivan and J. J.
TAndse"y in the .pproacir.,ote s.-in of .;L50.Ob and to the i'lorids, rover and light co. in the
opproxi7i3te sum of '108.25; and it furthur appoariarg `teat '.:h ,ity of South' .1ar.,i lad
previous to the said dates enterer. into c- contract -pith the lorida Power and Light Co.
for electricity, for street lights for a period of twelve (12) ;}years from January 7th,
1930; and it furthur appearing that the said "ouse bill TO. 136r not only violates the
constitution of the State of Vlorida in that it mares no provision for the protection
of the creditors of the said City, but tha it also violates the constitution of the United
States in that it attempts and does impair the ob1is;ations of the contract and that said
act is 'void and of no effect and does not relieve the mayor and city ,councilmen from
performing their respective duties as required of them to be perforred by chapter 13425
of the special acts of the legislature for the year 1927; and it furthur appearing tl t
on the 10th, day of August 1931„ the City of South Miami owned property in the approx
mate sum of "AO,000.00 and that none of said officials are performing their respective
duties in connection therewith; and it furthur appearing that the rights of the Relator
'as well as the other creditors of the said City o f South :.:iP ,i, will be greatly impaired
unless an alternative bait of :.andamua issue; and
Whereas, on the 7th, day of April A. F. 1932, an alternative vxi.t of
1;axsaazmts was issue,t out of t't,is 'Jourt upon the aforesaidi petition; and
'ihereas, on the 19th, day of April A. De 1932, there was filed by the res-
pondents above nar.:od in this cause an answer or return admitting substantially all of the
mmttors allegea in the aforesaid petition, but neither admitting or denying the consti-
tutionslity of the said house bill 1,0.136x., pleadin(; the said House bill in justification
of thou official cor.iuct sot Perth in the Petition and respectfully praying; that this
nanorable court would ant sttclt relief as thr facts of the lab damaiid tic' brat the
r aced e�,a,inst ten; and
costs o. this proeeed.1h be not t
'7iorrac, 4-'kin court }raving been advisee} in tte premises by amaicus curiae
dulut zprointnd bt order of this court, on '_ho 19th, day of April, A. :. 19 J' ,; rsttci
'Mtorearss, it appearin€; unto thin court that thr, said house bill :IM. 136%
16%77: of ��loriditll is violative of oAll rc pu ;nt to ti:e constitution oil rho "Jtato of 1 "lorids
and of tlio ift".#ted Ztntes
k�y
Novi Therefore, this court being willing that full and speedy justice be done,
in the premises,
It is therefore ordered that the respondents, city Cotuicil of the City'
of South Miami,,a municipal corporation under the laws of the State of Florida; Vl. A.
Foster as mayor of said City; D. J. Red, J. R. Burtashaw, J. C, Smith, 41. E. Angerman,
H. F. Shelley, Harry Houser and R. J. Lindley as councilmen of the City od South '.Uami;
and J. L. Yarborough city clerk of said city of South I::ian:i, and each of them are comnkin,
ded to commence immediately to conduct and transact the business of the said city of
South Miami by doing and performing all of the acts and things ; recuired of them to be
done and performed by chapter 13425 of the special acts of the legislature for the year
19 ,27 and that they continue to conduct and transact the business of the said city of
South I3iami and to do and continue to do and perform all of the.acts and things required
of them to be and performed by said chapter 13495until such time, or times, as their
successor, or successors shall be elected and qualified,, and herein fail not.
Done and ordered in chambers at Iiiani, County of Dade and State of Florida,
this 26th, day of April, A. D. 1932 n
Worth W. Trananell
Circuit Judge -
Seal of Circuit Court
T'1'
To the councilmen and Clerk
of the City of South iUaii Florida..
IL J. Iced, J. R. Burtashaw, J. C. Smith,
W. E. Angerman, Ii. F. Shelley,, Harry rouser
and R.-J. Lindley Councilmen4 and
J. L. Yarborough, City Clerk.
Take 'notice that at the 'instance and reauest of councilmen 1". J. Red,
and H. F. Shelley, there will be a special meeting of the council at the City Hall,,
South Iliami, Florida, at 8P. M. Tuesday April 26th, 1932, for the purpose of complying
with the premptory writ of mandamus issued by the circuit court-, honorable ;`forth 19.
g directed to the Imyor, Councilmen and Clerk of the City of South
Trammell Jude this date direct
Miami, recuiring them forthwith to enter upon the discharge of their duties as such
officers.
You will therefore attend such special or called meeting as required by the
charter of the City.
Lone this 26th, day of April, 1932, at South ;ismi,, Florida
Kl. A. r'ostor. —
1.vor
f
The meeting was called to order by the President, all counclmen< being present
-
except councilman Rouser.
Upon motion of Council— Red, seconded by councilman Angerman, the clerk
t
wan instructed to enter immediately preceding these minutes and In the following order;
vs;
Alternative writ of Mandamus
Answer of Respondents ;
Premptory writ of Mandamus
Call of the Mayor for Special meetings
this motion carried unanimously.
Mayor Foster and Councilman Red, as finance committeeman spoke at length regard-
ing the tax situation of this City. After which upon motion of councilman Shelley sec-
c
onded by councilman Angerman, a committee composed of D. J. Red and J. L. Yarborough,
were appointed to interview Mr. J;. C. Sullivan and to engage him to take whatever steps
he might think necessary to clear up tax situation. Motion carried unanimously.
Councilman Red then made motion which was seconded by councilman Burtashaw
that the sanitary commissioner be instructed to take such measured as he thinks necces-
sary and to employ such help as he may need in order to clean up the City. This motion
was unanimously carried.
After some diser -lion Councilman Red made motion which was seconded by council -
manShelley that I. H. Beach-16a appointed as driver of the sanitary track. There being
no more nominations h H. Beach was declared appointed.
Upon motion of councilman Red'seconded by councilman Burtashaw the counclvoted
unanimously to declare the :offices of City Attornet and City Policeman Vacant.
Whereupon councilmen Smith then made motion which was seconded by councilman Red that the
City Clerk be clothed with special Police powers and that he execute a surety bons
for same the premium of which is to be paid by the City, and that the Clerks salary be
Increased to $100.00 per month. A; poll was taken on above motion and motion carried
unanimously.
Upon motion of councilman Red seconded by councilman Shelley, the Clerk was
Instructed to insure the garbage truck and Police car against personal liability.
This motion carried.
After a lengthy discussion regarding the affairs of the City councilman Red
made motion which was seconded by councilman Shelley that the Clerk be instructed to
secure from the Chamber of rommeree an per agreement at time of sale, 'the furniture and
f xturessold to theme And that clerk pay to the chamber of Commerce the sum of w1.00
as per this agreement. A poll was taken on the above motion and carried unanimously.
The council then adJoarued in regular forma
LAY/
President of council
Attest _
City Clerk
c.
Ell
U
}
A motion was made by Councilman Red that the ballots for the City'
Election to be held February 14th, 1933, be printed in single colium, and
that the names, of the candidates nominated by each group be placed in their
respective positions as follows :, For L:ayor, c'xeo %:L. Peacock, Alvis H.
Chubbuck; For Councilmen, hT. J. Beaver, J. Chubbuck, W. E. Cordell, J. C.
Metger, A. J. Schmzcker, Ira. °r Nest, J. L. Yarborough, J. 77. Barrs, H. W. ,
Dorn,, Howard Gibbons, D. G. Yansh.ip, F. h- Phillips, John Ravlin, Hugo
Wedemeyer; and that the clerk be authorized to have five hundred ballots
printed. The motion rms seconded by councilman Chubbuck,, and upon being
put to vote, carried unanimously,.
There being no further business, the meeting adjourned.
President of the council "
ATTEST:
City Clerk
y
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