1950-10-18 MINUTES OF CITY COUNCIL SPECIAL MTGi
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF SOUTH MIA HELD WEDNESDAY
EVENING, OCTOBER 18, A.D..1960 AT THE
COWUNITY BCILtM G AT 8900 P.M.
The meeting, which had been called by Mayor Acker in place of the regular meeting whioh
could not be held Tuesday evening, October 17th. because of the tropical disturbance
that evening, ya p W ed to order by President Prebish, with Councilmen Corley, Carballo,
Gresham, Rai ebish responding to roll call.
Councilman Andrews,, seconded by Councilman Rebozo, moved that they suspend the regular'
order of business and dispense with the reading of the minutes at this time to take up
emergency,businesse Notion carried.
As the first matter under emergency business and not previously scheduled, James McConnell,
Chairman of the Water Board, reported receipt of a letter from Consumers Water Company,
re; the fire hydrant installations. He explained that it was his understanding that the
Fire and Street Chairmen were to take care of this.
Councilman Preble Joined the meeting daring discussion.,
After discussion, Counoilmen Andrews, seconded by Councilman Gresham, moved that as work
sprints are submitted by Consumsrs Water Co. for job approval that the authorization to
install T's and valves at designated hydrant locations shall be approved in writing by
the Chairman of the Fire Department and requisition shoeing cost shall be issued by
the City Clerk*
Notion carried.
At this point Mayor Acker joined the meeting.
Res the H -16 assessment lion confirmation originally scheduled by legal notice and mailed
notices, for October 17, the Clerk asked whether this can be postponed for a week on
mailed notices or whether it will take another legal notice.
Councilman Andrevms seconded by Councilman Yrobles moved that the confirmation of
Assessment Roll for H-16 be scheduled for the next regular meeting of this Council and
that proper notice be Bent out* Notion carried. (This will be first meeting in November).
Res the ad in the South .Miami Riding :Club' s Annual ' Horseshoes Program, Councilman Carballo,
seconded by Councilman Andrews moved that they direct the City Attorney to prepare s
resolution authorizing publication of an ad in the South Miami Riding Club's Annual,
Horseshow program at $300. to be charged to publicity
President Prebish. stated this to one of the few programs bringing people into the South,
Miami area from all over.
Notion carried.
The request of Alexandra Bervy'ror permission to operate a nursery school at her hams in
a residential areas together with silped waivers,; was read.
Councilman Andres, seconded by Councilman Preble, moved that the request of Alexandra
Bervy be referred to the Zoning Board for their may. 'Motion carried.
President Prebiah read the complete report submitted by the Committee on Sanitation#
and in which a apeoial inserting was regnssted
Page - -2
Following discussion, Councilman Andrews, seconded by Councilman C arbasllo, moved that
they have a special meeting next Tuesday for confirmation of E -'19 (already advertised)
and discussion of garbage disposal only. Motion carried.;
The Mayor's ooamounication list as Item, g. under communications, was read by President
Prebish, as follows
"To the City Council'
South Misni, Florida
Due to the absence of any evidence or verification that the amount of $750.00 is
pursuant to the "recovery of costs" order of Judge Herin and having knowledso that
said amount is not pursuant to said order, Therewith veto resolution No. 359 and ask
that the Council amend its action in said resolution to the true and correct amount
pursuant to said order.
(Signed) C laytou W . Adder, Mayor
Mayor Acker enlarged on his objections by stating the formula for costs as follow:
transcript was.$65.00, filing fee $3.50, supersedeas bond $10.00 and $1. for 2 certified
copies of the, Court Order, there were no costs in the Sheriff s'Ofiiee, - therefore a
total of $79060.
Following discussions Councilman'Preble stated he cast his vote; last time with the under-
standing that in the payment of that bill that that was the final surcease from pain.
After the vote was taken then comes to light the fact following suits might,be presented.
Suits individually are one thing but suits against the City are somethng,olse•
Councilman Gresham stated that owing to the attitude Councilman 'C arbal'lo has taken, he
makeethe motion the Council rescind its action on Resolution #359 and instruct the City
Attorney to get from the Court a copy of the Court costs*
President Prebish ruled him out of order because he had voted against Resolution No. 3590
Mayor Acker stated his objection is based on the Court Order. If the $750.00 includes
a release, he would have no objections
Councilmen Preble moved that Resolution No* 359 be rescinded and that the City Attorney
be instructed to get a certified jcopy of the Court costs in connection with the case
as outlined in the ruling•
Mayor Acker questioned if it does not take a resolution to rescind a resolution.
President Prebish agreed.
Councilman Preble, seconded by Councilman Gresham, ^moved that a resolution providing
for rescinding Resolution No* 369 be adopted. (later stricken)
Councilmen Reboso, seconded by Counoilmsn Andrews, moved they table the motion for '10
minutes. Diction carried.
President Prebish declared a 10 minute recess and business was resumed at 10x00 P M9
The motion before the Council wets ordered stricken.
Resolution No• 366 was dil
by President Probish,as foliowss
RESOLUTION We 368
A RESOLUTION ANONDING RESOLUTION N0. 369 iig1W AUT11011IZED
PA=T OF 4760.00 TO JULIA., CARBALW AS PER OR4K OF CIRCUIT
ODURT OF D1D$ 0OU47Y AND 5IGIMD BY WILLTAU A. MRIJI AS CIRCUIT JUDGE.
PA993
�ti+; on the 3rd. day of October, A. D. 1950, the City Council of South Miami
adopted a resolution authorizing payment of Seven Hundred Fifty and n9/100 Dollars
($750.00) to Julian Carballo as per order of Circuit Court of Dade County, signed
by Willi am A. Herin as Circuit Judge of Dade County, and
YEEREAS, it has come to the attention of the Council that the action in Resolution
Noe 359 was erroneous, and
11iEREAS, Julian Carballo did on the 3rd. day of October present a bill of Seven
Hundred Fifty and no/100 Dollars ($750.00) as costs incurred as a result of the said
action in the Circuit Court, .
NOW, THEREFORE„ BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF TIM
CITY OF SOUTH
TfW Resolution No. 359 authorizing.the P%rmsnt of Seven Hundred Fifty and no /100
Dollars ($760.00) to Julian Carballo as per order of the Circuit Court of Dade County
and signed by William A. Herin is null and void, but
IT IS FURTHER RESOLVED BY THE MffOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI,
JTHAT the sum of Seven Hundred Fifty and no/100- Dollars ($750.00) be paid to
ulian Carballo as costs and expenses, the sum to be appropriated from the General Funds
Of the City of South 'Miami, provided, however, that before said payment sha11 be made
by the City of South Miami the said Julian Carballo shall release and discharge forever
the City of South Miami from any ;alarms whatsoever resulting from that oertain action
in the Circuit Court Criminal Appeal -m1359, as well as the criminal proceedings had in
the lower Court, namely the•Municipal Court of the City of South Miami, as well, as
all other claims pertaining thereto.
Councilman Andrews, s sounded by C ouncilman Problem moved that Resolution Noe 366, amending
Resolution No. 359 be adopted as read.
Following discussions Notion carried by poll, 'ea follows:
Cor'ley*,se Preble yes Carballo abstaining from voting Gresham yes Rebczo ,yes
Andrews yes Prebish yes
Councilman Carballo stated he would like a certified', copy Of that as soon as possible so
he can take it to the Circuit Court.
Counoilman Andrews asked the President of the Council and the Mayor to instruct the
City Clerk to write a letter to the Volunteer Firemen to thank them for their co- operation
in removing the pool table and to assure them that at any time another place can be
found for it, the Council will be glad to take care of :its
In view of the faot that some of the members still needed to get home to continue
repairs, eta. the meeting was adjourned at proximal sly 10 =30 P.
e3 ent, City Uounoll
ATTEST:
ty C er