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1940-05-21 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR A TING OF THE CITY COUNCIL OF THE CITY OF SOUTH NIIAMI', HELD TUESDAY EVENING MAY 21.7 A.D. 1940 AT THE CITY HALL AT 5:00 P.M. ° The meeting was called to order by Pres. Vanderboegh, with Mayor Glass Councilmen Gladden, Brown Bennett, Bryant, Core and Vanderboegh and A�ty., Ward responding to roli call. Minutes. of the regular meeting of May 7 were approved as read;. Ires. Vanderboegh then read the notice for the. hearing on the preliminary assessment roll of Improvement H-8'9 recently completed. No interested owners being present-t Councilman Brown, seconded by Councilman Bennett moved that Resolution #197 be read. Motion carried. RESOLUTION NO:. 197 A RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT ROLLS FOR HIGH.11AY IMPROVEMM' H-8 WHEREAS, the Council of the City of South Miami,Florida met on May 9 pursuant gal notice of said meeting under Sec tion 54 ofDthe Cit hartertto hear all written objections to the con- firmation of the Preliminary Assessment Rolls for the cost of work in highway district H-81 and SUFEREAS,, no objection thereto was made by any person interested in or affected by said rolls and the said assessment rolls appearing inall P g d City � requirements an provisions ofttheeCt�Charter accordance with the re ureme NOW9 THEREFORE, BE IT RESOLVED BY THE IMAYOR AND THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI 1. That the prima facie assessment as apportioned and indicated on said Preliminary Assessment Rolls be and it is hereby in all things confirmed and sustained against any and all lots or parcels of the ground described therein._ 2. That the sums or amounts assessed against each of the lots or par - cels_of ground in said Preliminary Assessment Rolls are 'less than the amount that each of said lots or parcels of ground is especially dnnefit ted by said improvement and that such amounts are in proportion to the special benefits that the'property' received and according to frontage* and not in excess of the special benefits to the property assessed. 3. That the total costs of said improvements in the sum of $595.36 for H-8 be.9and the same are, hereby approved and confirmed. 4. That thirty days after(tithe above confirmation of assessments, the amount apportioned and assessed against each lot or parcel of ground shall be due and payable at the office of the Mayor at the City Hallp but that if the owner of any lot or parcel shall file with the Mayor before such date on which full payment is required,, his or her written undertaking waiving all irregularity and illegality in connection with r; 1, t-t the said'; assessment against such lot or g .parcel, he or she shall have 'the privilege of paying the same in equal annual installments in each of five succeeding years, with interest upon such deferred installments at the rate of six percent per annum, payable annually from the date on which assessment would be due if such undertaking were not filed. PASSED _AND ADOPTED this 21st day of May, A. D. 1940. Thereupon Councilman Gladden, seconded by Councilman-Bennett, moved that Resolution X197 be adopted as read. Motion carried by-poll, as fb llows; Gladden yes Brown yes Bryant yes Bennett yes Core yea Vanderboegh yes A request for adjustment of takes on Lots 38 and 39 W. A.,�LARKINS was presented by Mr. & Mrs. Harry Palmer, ownersp who stated that all other taxes had been. taken up. Following a.discussiong Councilman Gladden, seconded by Councilman Brown, moved that settlement of Lots 38 and 39 W. A. LARKINS; be made as per Resolution #190, Motion carried by poll as follows Gladden yes Brown yes Bryant yes Core yes Bennett yes Vanderboegh yea A request by Seeley Parker, for permission to hold revival meetings for a period of two weeks, starting Monday, May 27, was next taken up, Court- cilman Gladden, seconded by Councilman Bennett, moved that permission be given Sealy Parker to hold the meetings, as requestedg from 7 930 P.M. to 10 P.M Motion carried. Communications were next taken ups and were as follows A letter from the Orange Bowl Committee regarding the 1940 - 1941 King Orange Parade was read with Atty. Ward giving further details on costs of fleets etc., and it was decided, to send in the cards asking a re- presentatIve to come to one of the next Council meetings. The Clerk reported another pending sale of lots (in RIVIERA PINES) by the State, on which the City holds certificates and while a recent jug ment by the Supreme Court blld that City Certificates were. not wiped out by the Murphy Act., it w as decided to tales no chances, and Councilman Proving seconded by Councilman Bennett moved that the City bid in Lots 20 to 23 incl.y 25 and 27 RIVIERA PE;&S up to the amount of taxeb hold by the City, payable out of Debt Service Fund. Notion carried by poll, as follows; Gladden yes Broom yes Bryant yes Core yes Bennett yes Vanderboegh yes Reports of standing committees were as followst Finance. O.K i O.K. re: r o ces O.K.g everything under control. streets & Parkas Councilman Core reported the need for patching some of the streets again and also brought up the question of the fire well at the corner of S. Red Court and S. lot Streetf and it was decidedtthat alterations on the top of the well could be made at small a xponse l so that the opening would be inside the proposed sidewalk being laid by the owner of the property. I LN The following bills were submitted for approval and,,payment: W. H. Angerman . al 70.00 120 g� galy. tank:- Como Bldg'. 98.00 #720 Duro pump - Com. Bldg. 26.38 repairs & partsp motor & pumps City Hall 22.50 drilling 30 ft- 34" well -City Totaling 236;33- South Miami Plumbing Coo 44.00 labor & materials instal. ft wash basin in Cie rk's office. Councilman Bennett; seconded.by Councilman Erownt moved the bills be paid as read. Motion carried by polls as follows. Gladden yes Brown yes Bryant yes core( yes Bennett yet Vanderboegh yes In connection with the Rosen deal, Atty. Ward reported that Rosen °had agreed to pay half the cost of the abstract. also reported that Mr. Washbish had taken up with him the matter of aft ordinance limiting package stores to 1 per 39000 residents but he had told him this would have to be presented to the Council, In the course of the discussion It was brought; out that this request had already been presented once be- fore by Mr • Washbish and had been turned down. Mr • Ward also reported on the Tallahassee hear jng of the F 7itzsche et al Quo Warranto suit stating that in the couse_of the arguments it had been brought out that the Supreme Court seemed inclined to feel that the Dade County Zoning Board could effectively take the place of the smaller communities in protecting for buildingg sanitationp etc. Councilman Core brought up the question of the right-of--way on N. lot Street adjoining the Stang propertyg and Atty. 'lard advised that the law of adverse possession is not effective against municipalitiesg and that the right -of -way as dedicated per plat stands,. It was decided to go ahead with improvement of that block whenever the other owners w ere ready. In connection with the attempted closing of the South Miami railroad station 2'weeks' ahead of the usual summer closing date, the telegrams and letter sent by Mayor Glasswere read. The station will be closed on the usual date, Way 31 Mayor Glass brought up the question of registration of aliens and fol- lowing a discussions Councilmarroeennett econded by Councilman Gladden, moved that Atty. Ward be instructed to iook into the matter and try to get the legal backing of the federal government. Motion carried. It VMS also decided that the Mayor write a letter to Gov. Rivers com- mending his stand, and send copies to the papers. In connection with the recently prepared Mayorts Audit Reportp Council man Gladden suggested that the City re- imburse Mayor Glass, and Council man Bennett, seconded by Councilman Browns moved that Mayor Glass be re- imbursed $20.00 for paper and $6.00 for postage. Motion carried by pollp as follows: Gladden yes Brown yes Bryant yes Core yes Bennett yes Vanderboegh yes There being no further business, the meeting was adjourned at ap tear 10300 P.M. y ,► �a,r. Pres.' City Council . clerk