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1949-03-22 MINUTES OF CITY COUNCIL SPECIAL MTGV111y UT �,D Uj' Trio �7 1�1,, J+�i3d 1.Lu�:L'T1V (r. w' 1'r1 i CITY UuNC1L uF" ovuTn ivillvu -uL ru LtiX LVdidLt1G2 uuUtun 222 19492 Al '1'tB %1Ts rL iv , AT 8 :00 r.uT.: The meetingg was called to order by ties. Van Uus,en with !,Mayor Acker, alL members of the City Council and Atty. Yates responding to roll call. Minutes of the regular meeting of iV'iarch 15 were approved �aS read. Heading of the notice for the meeting which had been called for the purpose of 'considering the uhamber of Commerce matter and holding a conference with officials of Consumers rater Company regarding their operations in South Miami. Fres. Van:Lusen relayed to kayos Acker and members o the Council an invitation to meet with the uhhamber or CoInnerce at a dinner meeting ca.i.led. for Ve clue sday, March 30, at 6:30 P.M. at Fox's Restaurant. The Chamber of Commerce matter concerned desk and phone space for an office. Councilman Carba 1o, seconded by Councilman Prebish, moved that the Chamber of ,commerce be permitted desk: space and use of the Community Building. Mayor Acker stated that no request had been made to his knowledge and that there was some discussion as to whether the Chamber wouli rather have space there (at the Community Bldg.) or at the City Hal -1 and felt that no offer of a definite spot; should be made without a re- quest by them fora definite spot. he suggested waiting until a re.-- quest is made, possibly at the proposed dinner meeting. Geo'. Brever of the C. of C stated he believed the 'Chamber could set up temporary office in the Community Building as quickly as possible. Councilman Andrews, seconded by Councilman Carballo, moved to amend the motion y striking out the word "permit" and inserter the word "offer". 'motion carried. iJr. H Viie rieatin.g, of Consumers iVater 'Co. gave a resume of his company's activities beginning in 1947 and resulting in a franchise designated as ordinance 1178 in 1948. By that time his company had purchased the Babcock- iAmont water system for uTV1VLii�1T Y He stated that the Babcock -mont Co. had rendered minimum bills during the time they operated the plant, in spite of the fact that meters had been set. The Consumers hater Co. took the plant over at the end of 3 months and by December 15 Consumers ','later Co. completed the work to take care of an additional 50 services iii the colored section, including the installa- tion of a pumping unit 5C% :Larger than the original which was taken to UN1V1;A61TY 14ANGR where it was connected up to work with the UNMM.TeY PILM, unit. lie stated that since the installation of the additional mains, they have not had Aany applications for service on these new main except for 2 made in February on which they submitted a sketch but have not had an on this. The extreme drought in recent months made it necessary to use water from the system to take care of the housing project at the University of biiami (in Corgl Gables)6 iie also ,0!stated that something over 4700,000 gale of water had been used In in February by UXLVyn,-P Tx rsttr,. and ''UII1Vz&iPXTr 1,,AtsuR altho the capacity of the pumps to 2390002000 gal, per month. he stated he would like to put in additional services and would like the right to utilize the lots at the west end of UITIVEir 6 !!x r:Lrtn for pipe and fittings storage. rye stated a letter regarding the moving of the pipes had crossed in the mails -with -his reply to the zoning Board for a; sketch and elevation of the proposed use of the lots. Councilman Andrews asked why a permit was not requested to store the pipe. Mr'. kcat ng stated he had been told no permit was required to erect the fence and he thought storing the pipe would be O.iL. Councilman: Andrews stated he believed the land was to be cbdicated and developed for a parko mr.:i�.eating said this was correct and in the Original :Lay -out of Babcock - Lamont Co, Councilman Carballo asked the Clerk for details on the deeds which had been made out to the City but with the reservation -that it be used for public park purposes and because of the incompletion of the development and the matter of Civil Rights coming ups was returrnd to Babcock- Lamont Co. in.Februarys unrecorded. Councilman Corley stated with a petition of residents filed, he be- lieved that should be as far as it should go. Councilman Gresham asked Mr. Keating regarding use of lots and street. Councilman . Andrews stated he believes the builder has, not fulfilled his original agreement with the I A. Mayor -Acker stated that K A requires similar buffer strips between white and coloreds or residential and commercial zones. lie question- ed the commitments on 60 or more mortgages without the builder living up to his agreement. Councilman Carballo asked whether mortgage or contract holders have anything to show any commitment about this strip. Councilman hreb ish stated that it showed as a planted parkway i*i the original lay- out and was one of the selling points. Councilman Corley also stated this was -how it was laid out on the original plat,. Councilman Yrebish tookL up the following points- 1, The alley. 1vir. Keating had already answr red this point on the sketch submitted to 'the zoning board, whereon it was shown that the alley was not necessary except at each end, and the plot itself could be used for the balance of the roadway.' 2. Sanitation and chlorination`of water. itwo Keating reported that the State Board of wealth had approved the equipment and the water is being tested twice a month. 3 2s the plant to be used only until h:iami water is available? t kra xGbating stated that they might have to use the plant for South i:iami for some time and there are no plans to abandon it at any time in the near future. It will guarantee addi- tional water as operations spread. pilith rePerer ce to the rate, Lir. &eating stated that they had just filed schedules in Coral Gables last Saturday, showing why the raises should not be reduced. Councilman CarbaLLo stated that a section in the City's charter says r the City can set the rates. }Taro heating stated the rate base in Coral Gables permits growth and a' contemporaneous rate base is filed each year. Hates would possibly grog lower with growth. lair. Keating admitted to itfayor Acker that the rates uz Coital Gables were not the same as those in UYLVLit�I` Y rAtt► . It was brought out that the compactness of W1.rVzxi ITY PAtLK (with almost every lot built on) should warrant lover rates. The question of the well capacity versus pump capacity was discussed. There were complaints on low pressure;, discoloration of water and odorl and taking; care of Coral tables at the expense of South kiami. The possibility of the latter being a breach of the franchise was questioned and to be checked. Councilman Carbal:Lo said he had checked in U LV4- &,)I'ex PAcuL to see what could be done about fire wells; and could not find enough pressure to do any good. Councilman Yrebish asked Asir. Keating whether his firm would consider. selling the uN1Vti��RbI`IY PAW,, system to the City of South %iiami. IVir. Keating stated that lie did' not feel in a position to answer and pre (erred that the question be put in writing and referred to the members .. of his f irm:. <. Mayor Acker asked whether all the terms of the franchise have been met or will be met within the time limit. Mr. seating replied styes ' lies. Van Dusen summarized, as follows: 1 Complaints made re water supply• 2. Matter of storage pipes on lots designated. 3. b1atter of rates, which are too high. 4 Matter of pressure, which is too law. 5• Discoloration of water. 6. Expense of fire wells and adequate protection for City. Spectators were now permitted to ask nuestionsg and were as follows•. In taking pressure checks, were those taken at the outlets? (lairs tiating had given this to be from 40 to 65 lbs. earlier). Yes. This gectator questioned whether this would top 25 lbs. in the homes. e possibility of installing another pump'e Lir. i&eating stated they were getting bids on an additional tide 11 and additional pumps. Geo. Brewer stated this water system was part of the project when the FRA commitments was issued and smaller lots approved on that basis and asked whether Consumers ;later Co. in buying this plant had taken it over without assuming any of the Babcock- Lamont Co. obligations. 1,xr..neatintp stated they had bought the plant only. { Mrs ideating stated his Company had purchased the plant( in reply to Councilman Andrewse question as to whether the plant had been turned over to them or been purchaaed. Councilman Corley, seconded by Councilman Andrews moved that the City return to uOnsumers crater Co. their check for 200.00 • ,. � Par'ab'le. to the City of South miami Youth ,Center. Councilman Andrews asked why the check was made. ED?. meat ng stated they had been asked for a donation to the Coral (Tables Youth Center and 'believed the booth miami Youth Center could also use some money. (�ues,tionjM on the motion resulted in a vote as follows in favor 4 Against 2. Not voting, Councilman Andrews moved that Consumers ;rater, Co. be advised, that. the reason for returning the check was that there is no Youth Center in South hliami and therefor the Council did not reel that it should accent that particular, check. :motion failed For Jack of a second. Councilman Gresham stated that while South 11iami has no Youth Center it does have a playground. - Councilman Carballo stated that the check as, drawn cannot be cashed . and would suggest returning check to Consumers idater Co. weith that that ponand if told we have a- playground they would make check for Lit. Keating stated the check was made out in good .faith and for lack of a better name was made out that gray. The check was intended For the benefit of the youngsters of South tciam Councilman Andrews, seconded by Councilman Carballo) moved that to- gether with return of check Clerk be instructed to write a letter thanking Consumers ,later Co. for the check but hat it is being re- turned because of the fact that South 1Uiiami does not have an of- ficial Youth Center and the City is unable to make proper use of the check as presented. Consumers 1'Cater Co. under the resent relationship of money from Councilman Prebish uestioned the ethics of ace ahem. P hip ,oi' the City with Question on the motion result od in the following vote In favor 3 Against A%yor Acker, asked that the City attorney check whether or not there was a breach of franchise by pumping water to Coral Gables* lie also asked whether the Consumers ;rater Company is willing to sell this utility to the City oi' South Itdami Councilman yrebiwh, seconded by Councilman Andrevrs7 moved that the Sanitation Chairr_ian send a formal .let -ter to Consumers ;pater Co. reCU00tii1Lj; a lalca� price �Tor the uIUYV -,Ltp1 y. ra y %& subdivision pater plant and all its L aailiUzes. :ot� on carried. Councilman PrebisL, seconded by i otuicilman Corley, moved that Finance Chairman Treble send a lettbr to Babcock -1 arlont Co. requesting that --. they re- convey the 2 lots to the City of South idiami. The question of forcing Babcock - amont Co. to carry out their original commitments was. raised. Question on the motion resulted in the following vote in favor 4 Against 3 1W. heating explained that in the matter of rates the present Coral Gables minimum charge is lower but the rate for the amount consumed above minimum is lower in South tiiami ae quoted the following , Coral Cables min. So. 1t!iam lst. 600 cu. ft Cain. bla j l.i✓0 2.00 sliding scale flat rate per .25 beginning at 300 each add. 100' per 100 down IW. heating indicated his willingness to put the Coral Gables rates in effect at.ONIVLtwiITY I'Itl immediately, if desired.. kayor Acker raised the question of Consumers :rater Co. pumping water from this system and selling it at a cheaper rate�'in Coral Cables, and suggested. that they should be asked to show cause why the rates c should not be lowered for South Iiiami. Councilman Carballo suggested that the. company be asked for a hear- ing, that the franchise is contrary to the City's charter. a committee meet with them. to discuss the mat er rates etc. and have la?. Keating suggested the cif write a the matter. Councilman Prebish suggested the appointment of a' committee of to confer. with fir. k =cat:L and his officials and then follow with. rule to show cause if necessary, rte suggested the Wayor, the SmItary and Police Chairman and the City Attorney. Pies. Van Dusan naraed the City Attorney, the Sanitary and Fire Chair- men to €o with Igor Acker to investigate the matter of rates and, give results at the nest regular meeting;. Cn the letter regarding the connections f or tjolnz Parker in the colored section, Councilman Gresham, seconded by Councilman Andrews, moved that the Council grant Consumers Crater company permission to make the installation. for oohn Parker at 61:6 and 618 LT. 2nd. Ct. per plan submitted* u_otion carried. Councilman Corley declared himself in favor of thisfbr the psycholo- g ca.L effect in the colored section. -a letter frolic ghat. L:ii-Is on the matter of rates and tapping charges i