04-27-1936 Regular Meeting MINUTES OF THE MEETING OF
MIAMI SHORES VILLAGE COUNCIL
April 27, 1936
Regular monthly meeting of the Miami. Shores Village Coun-
cil was held at the Village office on Monday, Apri1. 27th, at 7;30
P.* M. A quorum of the Council was present as was the Village Att-
orney and Village Clerk.
The minutes of the previous meeting were read and approved.
After due discussion and on motion of Mr, Lindsey, seconded
by Mr. Carlisle, .it was resolved that the check presented by Mr.
Peach in the amount of $285.90, for deed to a ten acre tract located
between N. W. 93rd Street and N. W. 95th Street and N. ;W. 2nd Ave.
and N. W. 3rd Ave, be refunded and that the original owner might
present formal petition to the Council for consideration.
After due discussion it was decided that as the Council
was not sitting as an equalization board they did not have the power
to grant tax reductions to Mr. Edwards and Mrs. Kelly and instructed
the Village Clerk to return check to Mr, Edwards and inform them of
the Council's decision in the matter. The Village Clerk was also
instructed to investigate the possibility of a road on the Edward's
property and report his findings at the next meeting of the Council.
Mr. Goll informed the Council of the possibility of getting
a High School established in the Village and it was decided that Mrs.
Goll secure additional names on the petition and present it to the
Council at the next meeting.
Upon motion of Mr. Lindsey, seconded by Mr. Carlisle, the
Clerk was authorized to purchase a check protector for use in the
Village Office.
Upon motion of Mr. Lindsey, seconded by Mr. Goll, the Village
Clerk was instructed to inform all property owners of the assessed
valuation of their property and the date of the public meeting when
the Village Council would sit as an equalization board.
Upon motion of Mr, Lindsey, seconded by Mr. Carlisle, the
Village Clerk was authorized to purchase a set of McQuillian Law Books
on Municipal Corporation for the Village Attorney's use.
Upon motion of Mr. Lindsey, seconded by Mr. Goll the
question of renting the Nursery from the New Miami Shores Company
was referred to the Planning Board for consideration.
The Village Manager reported that the Tax Adjustment Board
had given the Village a 95% discount on back taxes due on park prop-
erty. The Village Attorney reported that the F. E. C, Railroad
had installed signal lights and bells at the 96th Street crossing.
Upon motion of Mr. Lindsey, seconded by Mr. Carlisle it
was resolved that the litigation now pending, entitled; Miami Shores
Village, Plaintiff vs, Associated Realty Corporation, et al., De-
fendants, in Chancery No. in the Circuit Court of Dade County,
and the suit also pending in said Court entitled J, 0, Phillips as
Trustee, Plaintiff, vs. Bay View Estates Corporation, Miami Shores
Village et al., Defendants, be settled and compromised, in so far as
lots in E1 Portal and Plaza Federal only are effected, for and upon
receipt of 0839,81, for all claims and demands of the Village against
lots in El Portal and Plaza Federal ' in said suits, and on the propert-
ies involved in offer as of April lst 19360 the date of offer made to
the Village by the opposing parties in said litigation, the first of
said suits to be dismissed with prejudice as to lots in E1 Portal.
and Plaza Federal involved in said offer, and the second of said suits
to continue at no liability or expense to the Village, that the Village
Attorney is authorized to execute proper stipulations and receipts,
and the Village Manager is directed to deliver and assign the cert-
ificates involved, per list attached hereto; including certificates
• assigned in error if repurchasable for amounts received by the Village;
provided as a condition hereof, that all taxes and interest due the
40 Village for the current fiscal years 1935-36 be paid in full in cash
as of the date. of said offer, and that all tax certificates due the
Village for the fiscal year 1934-35 on the El Portal and Plaza Fed-
eral properties involved and described in each of said suits be paid
in full or purchased for cash with interest at said date as prescribed
by the amended Charter, within ten days from this date, making a total
of 617.72, to be received by the Village including certificates ass-
igned in error, but exclusive of 1935-36 taxes on El Portal lots.
It is further resolved, that upon consummation of this
settlement the Mayor and the Village Clerk do quitclaim to J. O.
Philips as Trustee, the lots in El Portal and Plaza Federal involved
in said offer and described in Masters deed by Fred Botts, special
Master, made pursuant to final decree in the suit of Miami Shores
Village va F. M. Akers et al from which the fee owners of said lots
were dismissed.
Upon motion of Mr. Carlisle, -seconded by Mr. Goll Ordinances
numbers 42, 43, 44, and 45, were unanimously passed by the Council.
Ordinance #42 being AN ORDINANCE AUTHORIZING AND PROVIDING
^ FOR THE TRANSFER, USE AND EXPENDITURE OF THE SUM OF THREE HUNDRED
. AND NINETY—FIVE DOLLARS FROM THE GENERAL FUND FOR ROADS AND IM—
PROVEMENTS IN THE FINAL BUDGET ADOPTED FOR THE FISCAL YEAR FROM
AUGUST 1,1935, TO. JULY 31, 1936s TO THE FUND FOR MISCELLANEOUS OFFICE
SUPPLIES AND OFFICE HELP FOR THE MISCELLANEOUS BUDGET FROM AUGUST 10
1935, TO JULY 310 19362 AFORESAID, AND AUTHORIZING THE CLERK TO EX—
PEND SAID FUNDS SO TRANSFERRED FOR THE EXPENSE OF THE FORMATION OF
THE BUILDING CODE; FOR THE PURCHASE OF CITY OF MIAMI TAX CERTIFICATES
ENCUMBERING VILLAGE PROPERTY DESCRIBED AS NEI OF NEI OF NEI OF NES
OF SECTION 6, TOWNSHIP 53 SOU'T'H, RANGE 42 EAST, AND FOR THE PROCURE-
MENT OF INFORMATION AS TO LAND RESTRICTIONS IN VARIOUS SUBDIVISIONS
IN SAID VILLAGE."
Number 43 being "AN ORDINANCE PROVIDING FOR THE PIASTING OF A
BOND BY GENERAL CONTRACTORS OR OTHER PERSONS AS A CONDITION PRECEDENT
FOR THE INITIATION OF CONSTRUCTION WORK WITHIN THE VILLAGE NECESSITAT-
ING THE USE OF HEAVY TRUCKS OR OTHER VEHICLES ACROSS THE SIDEWALKS
OF SAID VILLAGE; AND ENCUMBERING SIDEWALKS AND STREETS OR PROPERTY
WITH TRASH, RUBBISH OR BUILDING MATERIAL; PROVIDING FOR THE TERMS AND
CONDITIONS OF SAID BOND AND THE PROCEDURE IN USING THE FUNDS TO BE
DERIVED THEREFROM: SPECIFYING THE AMOUNT THEREOF AND PROVIDING FOR
PENALTY FOR VIOLATION OF THE SAME AND DECLARING AN EMERGENCY TO EXIST.
Number 44 being "AN ORDINANCE AMENDING SECTION 12 OF MIAMI
SHORES VILLAGE ORDINANCE NO.400, ENTITLED: "AN ORDINANCE PROVIDING FOR
THE ESTABLISHMENT OF A VILLAGE PLANNING BOARD FOR MIAMI SHORES VILLAGE
AND PRESCRIBING THE POWERS AND DUTIES OF SUCH BOARD AND VESTING IN
SUCH BOARD JURISDICTION OVER ALL NEW SUBDIVISIONS OF RE-SUBDIVISIONS
OF LAND WITHIN THE CORPORATE LIMITS OF MIAMI SHORES VILLAGE, AS ARE
NOW, OR MAY HEREAFTER BE ESTABLISHED, AND VESTING IN SUCH BOARD
JURISDICTION OVER THE ARTISTIC, ARCHITECTURAL AND LANDSCAPE DESIGN,
PROGRAM AND GENERAL PLAN OF SAID MIAMI SHORES VILLAGE, AND PROVIDING
FURTHER THAT THE PROVISIONS OF 1THIS ORDINANCE SHALL NOT CONFLICT IN
ANY WAY WITH THE ZONING ORDINANCE OR LAUDS OF SAID VILLAGE, AND
FURTHER VESTING AUTHORITY IN SAID BOARD TO ADOPT A GENERAL PLAN FOR
THE ERECTION OR REPAIR OF PRIVATE IMPROVEMENTS ON PROPERTY LOCATED
WITHIN THE VILLAGE, D2STGI\TATIflGt _TI8E DUTIES"-OF=T3 +_ BU`I DING_.dNSI'VC'�._
WITH RELATION THERETO, AND VESTING IN THE VILLAGE COUNCIL AUTHORITY
TO REVERSE THE DECISIONS OF SAID- BOARD AND PROVIDING FOR THE VILLAGE
TO APPROPRIATE OR EXPEND MONEY FOR THE NECESSARY EXPENSES OF SAID
BOARD, AND FURTHER PROVIDING FOR INTERPRETATION OF ALL ZONING LAWS
AND ORDINANCES BY SAID BOARD AND ALLOWING APPEALS THEREFROM TO THE
VILLAGE COUNCIL AND OUTLINING THE PROCEDURE GOVERNING SANTE; AND _
VESTING •IN THE PLANNING BOARD FULL AUTHORITY TO ISSUE OR WITHHOLD
BUILDING PERMITS AND PROVIDING THAT BUILDING PERMITS FOR THE ERECTION
OF ANY STURCTURE WITHIN THE VILLAGE SHALL NOT BE ISSUED BY THE
BUILDING INSPECTOR OR OTHER OFFICIALS OF THE VILLAGE WITHOUT FIRST
APPLYING TO THE PLANNING BOARD FOR FULL AUTHORITY SO TO DO OR BY
FULLY COMPLYING WITH THE RULES AND REGULATIONS TO BE ADOPTED BY
SAID BOARD AND PROVIDING FOR CERTAIN PROCEDURE TO BE FOLLOWED CON-
CERNING THE ISSUANCE OR REFUSAL TO ISSUE SUCH BUILDING PERMIT OR
PERMITS AND DECLARING AN EMERGENCY TO EXIST.'
Ordinance number 45 being "AN ORDINANCE AMENDING SECTION 9,
OF MIAMI SHORES VILLAGE ORDINANCE NO.11, ENTITLED: "AN ORDINANCE
ZONING THE VILLAGE AS TO USES OF LAND AND BUILDINGS AND RELATING TO
INTERPRETATION AND ENFORCEMENT OF THE ORDINANCE', AS AMENDED BY
PREVIOUS ORDINANCES HERETOFORE -ENACTED, BY DEFINING WHAT SHALL CONSTI-
TUTE AN ACCESSORY USE AND OTHER PROVISIONS CONCERNING THE ERECTION OF
BUILDINGS AS DESCRIBED IN SAID SECTION ADOPTING ALL PENALTIES, TERMS
AND CONDITIONS AND PROVISIONS OF SAID ORDINANCE NO. ll, NOT OTHER-
WISE ALTERED OR AMENDED HEREINo AND DECLARING AN EMERGENCY TO EXIST.
The matter of Building Inspector was postponed until next
meeting.
The Council approved deeds of conveyance on the following
property.
Lot 3, Block 13, Pasadena Park to Blanche Carpenter
Lots 1 to 7, Block 1, lot 9, block 1, lots 2 to 10
block 2, lots 12 to 17, block 2, lots 1, 40 & 5, block 3
lots 7 to 180 block 3, and lots 23 to 27, block 3, all
in Belvedere park to The Suburban Miami Investment 8orp.
Lots 4, block 11, lot 10, block 11, lot 11, block 11
lot 14, block 11, lot 150 block 11, lot 8, block 12,
lot 8, block 14, and lot 11, block 14, all in Pasadena
Park to The Tarrier Company of Delaware.
Upon motion of Mr, Carlisle, seconded by Mr, Goll, the
Village Manager was instructed to write a letter of appreciation to
Mr, Belcher for the oil donated for the Volleyball and Basketball
courts in the Village.
The Village Manager was instructed to adjust errors in
the Village records made on the following property:
a Lot 4, Asbury Park (Sedtt) Sold in error. .`°'
Lot 2, Block 92 (rushton) Sold in error.
Lot 23, block 10 (Fleshnan) honor 1934-35 tax receipt
signed by Carothers. Copy in file.
���,� , Lot 5, block 10 (Diefer) honor 1933-34 tax receipt
signed by Carothers. Can secure duplicate form owner.
Lot 8, Block 13, Pasadena Park (Daniels) Sold in error.
Lot 19, Block 42, (Blackwell) Sold in error.
Lot 5, Block 55 (Barrett) Honor 1933-34 tax receipt
signed by Carothers. Copy of receipt in file,
(Bartlett)
Lot 7, Block 92, and Lot 19, Block 9,
Honor 1933-34 tax receipt signed by Carmthbrs. Copy
in file.
Lot 24, Block 46 (Kendrick) 1932-33 tax certificate sold
in error, honor 1933-34 tax receipt signed by Carothers.
Copy in file,
The Village Council approved payment of the following
bills incured in March.
W. W. Bulifant 1.45
Columbia Tire Co. 90,00
Florida Power and Lgt. Co. 167.77
Mr, Foster's Store 1.00
Hector Supply Co, 8,01
Linde Air Products Co, 17,65
Little River Press 4.75 y
Little River Hardware Co. .64
Little River Bank and Trust Co, 2.75
Maule Ojus Rock Co, 17.80
Miami Water Co. 10,50
Mills Rock Co, 22,00
Division of Municipal Waste 32,00
Nelson's Garage 61.85
Orange State Oil Co. 165.19
R. L. Polk & Co. 18.00
Renuart Lumber Yds. Inc. 2.80
Skagseth Stationary Co. 2.15
Southern Bell Telephone Co. 10.25
Verne 0, Williams 6 2,50
Petty Cash Expenditures 29.45
L68.75
Where being no further business presented for discussion
the meeting was adjourned.
e <<
Village Manager and Clerk
AP D BY THE CO IL
By
Mayor