01-25-1932 Regular Meeting i
f
�S OF A MEETING OF COUNCIL OF
MIAMI SHORES VILLAGE, January 25, 19320
Pursuant to adjournment of the last meeting and
directly following a meeting of the freeholders of the
Village held at New Miami Shores Elementary School, the
Council met at the Village Offices at 9:00 ofelock, P,. M:
i' on January 25th, 1932, there being present: Magor Frank 0,
Pruitt, Councilmen Hugh H; Gordon, Jr:, W, F, Andes, John.
M; Carlisle, M. R, Harrison, being all of the Council,
John L. Carothers, Village Manager, and George Edward Holt,
Village Attorney.
The mayor called the meeting to order and upon
motion duly made and carried, the reading of the minutes
of the last meeting was dispensed with, to be taken up at
the next meeting.
Mr; James Galloway, president and manager of the
Biscayne Kennel Club, came before the Council to discuss the
matter of the license tax levied by the Village_ against
the Kennel Club. Mr, Galloway said that he would have come
before the council previous to this time if he had not been
confined to his home by serious illness and that during his
illness he had no knowledge whatever of any negotiations
between officials of the Village and his attorney, Judge
Buswell, or others in his employ regardless of any written
notices sent by the Village to the Kennel Club, Mr:
Galloway objected to the amount of the license tag levied
against the Kennel Club and said that 050.00 per-day tax
i
was high as compared with taxes levied by other cities againxt
similar tracks. Mr. Galloway further enumerated heavy expenses the
Biscayne Kennel Club had to pay ,in connection with bus service
and police protection and felt that in view of the high tax being
paid by the Kennel Club, the Village should afford the Kennel Club
better police protection in return. After considerable discussion on
both sides of the question, Mr. Galloway excused himself from the
meeting and the. Couneil discussed the question privately as to whether
i
the tax should be reduced or whether it should. remain the same and the
Kennel Club be afforded more .police protection at the expense of the
Village, since the tax had already been established and Nine Hundred
and Fifty Dollars ($950.00) already paid by 'the Biscayne Kennel
Club to the Village.
A motion was made by Mr; Carlisle, seconded
by Mr. Gordon and unanimously carried, that the license tas of the
Biscayne Kennel Club remain at Fifty Dollars ($50.00) per day for
each day the track operates during this racing season Wh1bh is to
end on February 19th, 1932, that this fee be paid in advance, .and
that the Village, at its expense, farnish two moiyorcycle policemen'.-:
i
to police the streets of the Village and that the eighteen men in
L the employ of the Kennel Club who had been deputized as. policemen
remain as deputies and that the chief of police of the Village
visit the race track each evening while it is in operation and that
all 'such additional protection as may be needed by the Biscayne
Kennel Club be afforded them by the Village.
It was the opinion of the Council that this
was fair since the Village would be furnishing additional police
protection and also complete fire protection which
i
affects a considerable reduction in the fire insurance
rates for the Kennel Club.
The mayor read a letter from James A.
Dixon, relative to having the subdivision of El Portal,
which adjoins the Village directly on the South, taken in
and made a part of the village. Mr, Dixonts letter outlined
the number of residences in El Portal subdivision, the number
i -
of street lights,the condition of the streets, the amount
of taxes paid by the property owners in the subdivision, etc.
No action was taken by the .-Council on this matter anad it was
decided that Mr. Dixon should make a formal request.
The question of a building ordinance
and a building inspector was brought up and since the drawing
i
up of an ordinance would take some time it was decided to follow
the regulations of the City of Miami pntil such time as a code
could be drawn up.
The Village manager was instructed to- order
1000 sheets of stationary for the Village on the basis of a
sketch submitted by Loomis & Hall, commercial artists.
The Village Manager was also instructed to write to the Floirda
East Coast Railroad regarding the fixing up of the crossing
at 96th Street and also regarding the furnishing of traffic
signal -warnings at both 96th Street and at 6th Avenue.
A list of all of the expenditures made to
date by the Village was submitted by the Village Manager and
approved by the council. The Village Manager was instructed
to make a census of the Village just as soon as convenient.
There being no further business, the meeting
was adjourned.
•
Vil age Manager and lerk.
APPROfF by the C cil
BY
Mayor.
r
r
q +9 4;; 2
'� rk; a1 �; fb x - � „,1 _ tP "�' `�,,� � i14 'F-W .,.Fy➢.� .'. .m,b - 3i .3- 1 Sb
/ I
�'•m 1� �; 4 ,� to i �. k"3 to � tip — ' F.: e. .� � � � "�
rt". ::4.i, 4 .#!P �(.o. - �C. � 7`°i;.�.®- .'`� .2 'gi♦ ii a i as an b 4'-W. ,fl,> .g�' �..,,
�, � . � �` �,s %�:ts€a; �rss, �ts�; � :y �. �"e-• � �.� $.� ani •�, acM � � a w
'!'r� 8e1: 5 •' - i' e. 1 �, �- S ' 1 $E'i 4r i-33 i. �d vg 4. BF � w. .'-f �.�..
.� a 3�- #. � i. t•i: =d it 3. * _ ! xn MT 'g
.� .. � ��. .`. 3if.L `3..:$ t ,ff i ..R' - t � ,^. dt +i'i /}' $ '• 1'S# � i�i+'� i l+ �
r • y ' itis. a � I ;
� � 4 �+ ,- ;. �.; ii �`i.a � � � .': s w a i. �* av y-� +<3 �•=F#. � :it."w at�rca'�R �,
n8 �
I
F
FLOYD L.KNIGHT KNIGHT, PACE Se HOLT
JOHNSON H.PACM ATTORNEYS AT LAW
GF-ORGEE.HOLT
MIAMI,FLORIDA
PHILIP M.PAINE
janmary259, 19 32 .
$41-
it
MT. J. L. Caruthers , Manager,
Miami Shores Village ,
9533 N. Ne 2nd. Avenue,
Miami , Shore6-Tillagev, Florida*
Bear mr. Caruthers:
You have requested my opinion on the
question whether it is necessary to pay a documentary
tax, and affix stamps, under Chapter 1578% Act of
1931, on warrants of indebtedness issued by Miami
Shores Village.
Although I have found no decision directly
in point,, with reference to exempting the- transfer or
issuance of municipal securities from such tax, and
analogous decisions concerning property taxes are
divided in their conclusions, nevertheless,, in the
absence of a definite judicial interpretation of this
act by the Florida courts, I feel entirely justified
in advising you not to pay such tax or to affix such
stamps to warrants of indebtedness issued by the Village,
basing my view upon the broad principle laid down by a
number of respectable authorities in cases involving
property taxes,. that no intention to tax a municipality
will be imputed to the State in the absence of a clearly
expressed purpose so to do .
The reasons given by the courts are that the
interest payable by the municipality would be thereby
increased, or the payment would necessarily be made UP
Stthe levy Of further taxes, - `in either event a useless
aSt.
I am inclined to believe that this conclusion
will apply also to assignments made by the payees of such
warrants but do not pass on that point, as I do not under-
stand that it is within the scope of your inquiry.
Yours very truly,
]KNIGHT, CE & HOLT,
BY:
rVTT/-p o Edward. Holt.