1933-851 r
R3SOLUTION NO. 8S'
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NHEREAS, the City of South rtiami, a municipal
corporation created by Chapter 13426 of the Special Acts of
the Legislature of the State of Florida, Session of 1927; and
7,'HERTAS, certain of the citizens of the said City of
South Miami are in favor of the abolishing of said city and
the surrender of its franchise; and
WHEREAS, there have been held in the said City of
South Miami 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 Laws of the State
of Florida concerning the surrender of
franchise of a municipality, which said
law requires a two -third majority, at
which election 145 voted for the surrender
of the Charter and 115 voted against the
surrender of the Charter; which election,
therefore, failed.
On August 10, 1931, an election was held
under the authority of House Bill No.136 -1,
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; Charter was
surrendered by a majority of 21 votes.
From August 10, 1931, until the 26th day of April, 1932,
there was.no municipal government in said city of South Ifiami, 1
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 sane. That during said in-
active period the people had no _police protection and there was
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a great deal of trouble among the negro population of said city.
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After this election a mandamus suit was brought
wherein State of Florida ex. rel., Amerioan- LaFrance
Foa:aite Indus tries, Inc. were relators versus the City
Council of South Miami; W. A. Foster as Mayor; D. J. Red;
J. R. Burteshaw; J. C. Smith; W. T. Angerman; H. F.
Shelley; Harry Houser and R. J. Lindley, as Councilmen,
and J. L. Yarborough as City Clerk, were respondents.
Judge Worth W. Trammell, in his opinion, held
that House Bill No. 136 -Y Act was in violation of the
constitution of the State of Florida in that it made no
provision for the payment of the indebtedness of the said
City of South Miami and ordered the respondents to
immediately commence to conduct and transact the business of
said city and to continue to do so until such time as their
suooessurs shoul3 be elected and qualified. This order was
signed on the 26th day of April, 1932.
Thereafter, to -wit, on the lst day
of July, 1932, a special election
was called to contract the -city
limits. Two polling places were
provided, one in the property to
be excluded and one in the city hall.
The vote was as follows: For the
ordinance, 90; against the ordinance,
133.
It the polling place in the property
I- to have been excluded 54 votes 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 Mayor and
the City Council of South Miami 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 urevious
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to the presentation of this petition and the Mayor and
City Council thought it unwise to hold such election at
the time th6 petition was presented; thereupon a petition
was brought in the name of the State of Florida on the
relation of Howard Gibbons arrainst W. A. Foster as Mayor
of the said City of South Miami and on the first day of
July, 1932, Judge Worth W. Trammell, one of the Judges
for the Circuit Court in and for Dade County, Florida,
entered a peremptory writ ordering and directing the said
W. A. Foster as Mayor of the City of South Miami to issue
a proclamation calling for the election of the registered
voters of the City of South.Miami on the question of the
surrender of the franchise of said city of South Miami,
in accordance with Section 3082 of the Compiled General
Laws of Florida.
Thereafter and in pursuance
to said peremptory,writ,'to -wit,
_ on S °ptember 6, 1932, a special
election was held for the purposes
stated in the.peremptory 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.
The statutes requiring two -third
majority, the special election failed.
On February 14, 1933, the regular city
election for the purpose of electing a
Mayor and City Council was held.
There were two (2) groups nominated
for the Mayor and Council; one favoring
the surrender of the franchise and the
other for the continuation of the city
government. 409 votes were case at
this election. The group favoring the
continuation of the city was elected
solidly by an average majority of 26
votes; and
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WhT,RLrAS, said elections have been bitterly
fought and much strife and enmity have arisen among the
citizens of the municipality on account of the ardor
for and against the said city; and
.';T2R =, the City of South .iiami has a population
of approximately fifteen hundred (1500) of which there are
approximately five hundred (500) negroes living compactly
in one section of said city; and
WHEREAS, there are seven (7) grocery stores in said
city; one (1) dry goods store; two (2) drug stores; two (2)
feed stores; seven (7) gasoline stations; five (5) garages;
one (1) lumber yard; four (4) canning and preserving plants;
two (2) fruit packing houses and other miscellaneous
businesses; and
WHEREAS, on account of the business and the con-
fire
gestion of said city, said city needs polioe_nd sanitary
protection; and
1`JHEREAS, there are only four paid departments in
said city government, to -wit: Fire department; police
department; sanitary department and clerk's office; and
71HERFAS, there is no bonded indebtedness and the
budget was kept at a minimum for the years 1932 -1933 $8040.00
and no taxes levied for the year 1932; and the Mayor and
City Council draw no salaries; the municipal judge at
present draws no remuneration for his services,
NOW, THEREFORE, BE IT RESOLVED by the MAyor and
the City Council of the said City of South Miami:
FIRST: That the senator and state representatives
be'and they are hereby requested not to
introduce in the 1933 Session of the
Legislature another bill for ,the abolition
of said city or the surrender of its
franchise for the reason that there has
just been an election on said proposition.
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SECOND: That the said senator and said
representatives to the legislature
be and they are hereby requested
to introduce a bill repealing House
Bill 2:o. 136 -X passed at the 1931,
Session of the Legislature.
THIRD: That if in the judgment of said
senator and said representatives
it becomes necessary for them to
introduce, or cause to be intro -
duoed, a bill for the abolition
of said City of South Miami and
the surrendering of its franehice,
that before the introduction and
passing of such a bill they will
notify the city officials of said
City of South Miami and give them
a hearing.
FOURTH: That if said senator and said
representatives feel that such a
bill should be introduced after
such hearing, as hereinabove re-
quested, that said bill
contain a referendum clause re-
quiring a two - third majority, as
required by the Statutes of the
State of Florida, before the same
shall become operative.
PASSED AND ADOPTED this 30th day of Varah„ A. D. 1933.
ATTEST:
CITY C LYRK
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MAYOR
R4IDENT OF COMICIL
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I, H. F. SEEDY, Clerk of the - City of South
Miami, Florida, DO HERMY CERTIFY that the above
an4 foregoing is a tnie and correct copy of Resolution
No. of passed and adopted by the City Council
at its vp#*W session held on Vhuredz7,'.Mwrbh:30$h,
1933.
UNDER my hand and official seal this 30th
day ofytjLr*h,_, A. D. 1933.
CITY CLEW.
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