1933-03-30 MINUTES CITY COUNCIL SPECIAL MTGh`CTA7 iaT T1iiG 0' M*` ,ITY L'CTI-11I OF 'ZRE, OITY OF
SCUM .:M:1-, FLC -RIDk
Geld at the City gall 'Larch 30th, 1933 at 8;00 P.I.
The meeting was called by the mayor for the purpose of passing on the
proposed boundaries of the territory to be excluded from the City limits,,
A which the City council will include in a bill to be presented to 'the state
legislature for passage, and to transact other business oertain:ng there -to
The meeting was called to order by the president of the council, ,r.
Deaver, those present being l;ayor Peacock and councilmen Yarborough, Chubbuck,
Schmacker, T,lest, Cordell, ::ether, and Beaver.
Councilman Yarborough read a resolution to the council as follows.
MSCUTIor ro 85 d
tli 'ZIUAS, the City of South riami, a municiva
corporation :created by Chapter 13426 of the Special Acts of
the Legislature of the State of Florida, Session of 1927; , and
"r'rIIMAS, certain of the citizens of the said City of
South %:iani are in favor of the abolishing of said city and
the surrender of its franchise;. and
"iH MAS, there have been held in the said City of
South L;iami in the past two years, five (5) elections on the
proposition of whether or not the City should be abolished
and the franchise surrendered, which elections were held as
follows, to; -wit:
On May 12 1931; a special election was
held under the General ij ws of the State
of Florida concerning the surrender of
franchise of a municipality, which said
lava requires a'two -third majority, at
which election 1:45 voted for the surrender
of the Charter and 115 voted against the
surrender of the ;;barter; which election,
therefore - failed.
(f
On August 10, 1931, an election was held
under the authority of house pill Pto.136 -X,
which only a majority of the voters was
required. The result of the election
was, as follows: For the Charter '163;
against the Charter 184; Carter was
surrendered by a majority of 21 votes.
From August 10, 1931, until the 26th day of April, 193 2
there was no municipal government in "said City of South i',Iami,
and during this time the sanitary conditions of said city
became almost unendurable on account of the population of
said City and the congestion of same. That,durinC said in-
active period the people had no police propection and there was
a Treat deal of trouble wwng the negro population of said city.'
After this election as mandamus Grit was brought
wherein State of 'Florida ex. rel., Amorican -L3 -mince Voati.te
Industries, !no. sore relators versus the city louncil Of
:;Guth ..iat;i.; :;. 1t. Foster as :ayor; D. J. :"led; J; A. nurtash&w; , ^"
helley; }?W,rry }rouser and
Lindley, as comicilmen, ,pnd J. Ya.rborouth as 01ty
Clerk, were respondcmts
.age - bruit' , xrarrrol, in 'his o"iniono hold tkat
ilaus Sill µ'b. V16 act WAZ in violation of tl-.e oonstitutien
r
+w
r
0
of the'- State of Florida in that it made no provision for the payment of
the indebtedness of tho said city of ;oath I�i;ami and ordered the
respondents to 'immediately commence to conduct.and transact the business
of said city and continue to do so until such time as their successors
should be elected and qualified. Tals order ms signed on the 26th day
of April,- 1932,.
Thereafter, to -wit, on the lst day of Truly, 1932,
a special election was ca114 <d to contract the city
limits. Two polling, places were provided, one in the
property to oa "'`excluded and one in the city hall.
The vote was 'as follo „,Is; For the ordinance, 90;
Against the ordinance, 133.
At the pollmng place in the property to Have been exclude
54 vot�is were cast and. only. 7 of these votes were for,,
the ordinance which would have put them out of the
city.
Thereafter a petition was filed with the ?dayor and the City
council of South:. :iami. requesting that another election be 'held under the
General laws of the State of Florida for the purpose of surrendering
the Charter, For the reason that a similar election had been held previous
to the presentation of this petition and the Eayor and City Council
thought it unwise to hold such election at the time the petition was
presented; thereupon a petition was brought in the name of the State of
Florida on the relation of Howard gibbons against W. A. Foster as 3. :ayor
of the said city of South 3.:iami and on the first day of July, 1932, Judge
Worth W. Trammel, one of the Judges for the Circuit Cour6 in and for Dade
County, Florida, entered a premptory writ Ordering and directing the Said
1"”. A. Foster as Layer of the City of south : :iara to issue a proclamation
callinE: for the election of the registered voters of the City of 'oath,, *iami
on the question of the surrender of the franchi e of said City of South
i:iami, in accordance with Section 3082 of the Compiled General Laws of
Florida.
^hereafter and in pursuance to said premptory writ
to-wit, on �eptermor 6, 1ei+32. a special election
was held for the purposes stated in the premptory
writ. A total of 313 votes were cast at this
election.
For the surrender of the franchise 203;: and
Against the surrender of the franchise 110. -he
Statutes requiring two- tl.ird Ira, ority, the ,special
election failed.
on February 14th, 1933 the rotailar city election for
the purpose of eloctinx, a :,.tleor and uity `;ouncil wfls,
held. :here were two vrouns (2) nominated for the
I.:ayor and City ouncil; one favoring the surrender of
the franchise and the other for the continuation of
the City ( ;ovcrir,ent. 409 votes viere cast at this
election. The Gnat favcril. , tl ;e continuation of tl;e
City was elected solidly by at averaCe na'ority of
26 votes; anct
said electiOls wave Loon bitterly xc M• lit ani
ci
to
(1) diygooas stol o, t:ro f2} dru,; stores; two (2). feed stores seven gas
oline stations; five (5') garages; one lumber yard; Four (4) canning and
preserving plants; two (`2) fil�zit packing houses and other miscellaneous
businesses; and,
Z17ZIUS, on a=mnt of 'the business and the congestion of
said City, said City needs police, fire and sanitary protection; and,
",IIE3�A.i, there are only four paid departments in said 'City
government, to -wit; Fire Department,; Police department; ganitary depart-
ment; and ;ity clerks office;; and, -
'.,HEFMAS, there is no bobded indebtedness and the budget was
kept at a minimum for the years 1932 -1933 0040.00 and no taxes levied
for the year 1932; ;. and the I„ayor and .;ity 111ouncil dram no salaries; The
municipal judge at present draws-no remuneration for his services,
Y,aj', THEHEMCRE, BE IT HYSOI.T 1 BY TII? mayor and city Council
of the said City of South :,,iamis
FIRST: That the senator and state representatives be and they
are hereby requested not to introduce in the 1933
r? session of the Legislature another bill for the
abolition of said City of the surrender of its franchise
for the reason that there has just been an election
on said proposition,
SEr,'%D- That the said senator and said representnt -ivos to the =
legislature be and they ^re hereb+r requested to intro-
-duce. a bill repealing House Bill ITo:'136 -,{ passed
at the 1931 session of the legislature.
THIRD- That if in the judgment of said senator and said repre
sentatives it becomes necessary for then to introduce',
or cause to be introduced, a bill for the abolition of
said City of South i „iami and the surrendering of its -
franchise,that'be£ore the introduction and passing
of such a bill they will notify the City officials
od.said City of;So:th :,iami and give them a hearing.
FOURTH .`That if said senator and said representatives feel that s
such a bill should be introduced after such a hearing
as hereinabove requested, that said bill contain s
trio -third majority, as required by t)te statutes of the
State of Florida,, before the same shall become ioperative.,
PASSED AND ADOPTS this 30th day of :;arch, A.D.1933.
After reading the above resolution councilman Yarborough moved that the said
resolution be adopted and that the clerk be instructed, to rail copies of same
to Senator John 'T;. 1,atson and representrz,tives t, P. lobertsq S. r. liobineau,
and J. 0. Brovn., The motion was seconded by comicilran `Se:rdoll and carried
unanimously. moved
iounc lman :etger that our state representatives be requested to
introduce a '
bill in the 1933 -dession o£ the state legislature =ensing
chapter 13426 of the special session of the legislature o£ the ,tc,te of
Florida for 1927 to eliminate fvom the boundaries of the city of south z:iami,
Florida, tbo following described property, to -wit:
All of aeotion 1 T;7p 53 ) of 40 .s
The 'T1 of "action 36 .,;.rp 54 S 6
All of the i ; and the 1 "F;;,, and tht,
of 1` "i' o%f' :action 35 z4 54 eo' k: 40
All of add ,11 of rv,r , and "! of =4 of
toction 26 V,.p 511 :3 at 1 410 t.
,he ttotirn was seconded by cowidik" 1i.�t'Wick xzrd patted t1LA_ iWJZly,