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08-08-1939 Regular Meeting 17 MINUTES OF THE MEETING OF MIAMI SHORES VILLAGE COUNCIL August 8, 1939 The regular monthly meeting of the Miami Shores Village Council was t held on August 8, 1939, in the Village office at 7:30 P . M. Present were Mayor Kitson, Mr. Pruitt, Mr. Stockdell, Mr. Milledge, Mr. Lindsey, the Village Attorney and the Village Clerk. Mr. Stockdell explained that it would be necessary for him to leave the meeting at 8: 20. Mr. Lindsey moved that the reading of the minutes be carried forward to the next regular meeting or adjourned meeting of this regular meeting. Mr. Milledge seconded this motion. Motion carried. Mr. Stockdell moved that the Council appoint one of the three men for building inspector nwho appeared before the Council on August 4th, to start work immediately at a salary of $150.00 per month to be paid month to month, this man to have full authority in the constructing of buildings and rejectt'oir of buildings etc. Motion was not seconded. Mr. Lindsey moved that when we do adjourn that we adjourn to 7 :30 on the evening of August 15th. This motion was seconded by Mr. Stockdell and unanimously carried. Mr. Lindsey moved that Items 2, 3,4 & 5 of the agenda be held over to the adjourned meeting and to proceed with Item No. 6. Mr. Stockdell seconded this motion. Motion carried. Item No. 6 was "Ordinance confirming Mr. Stockdell' s appointment to Golf Committee". The Village Attorney read his Opinion on this matter. Mr. Lindsey moved. that the original Opinion be filed in the minutes of this meeting. Mr. Milledge seconded this motion. Motion unanimously carried. - Mr. Lindsey, in the form of a motion, offered the following amendment to the Ordinance: i Strike out all of page 2 of the proposed Ordinance following the word "Council" in the fifth line)and preceding the words "Section 3" on the same page. Mr. Milledge seconded this motion, upon putting same to a vote the results were Mr. Stockdell - yes Mr. Milledge - yes Mr. Lindsey - yes Mr. Pruitt - No Mr. Kitson - yes Motion carried. Mr. Lindsey moved that the name "w. Meade Stockdell " be inserted in the two spaces in Section 2 of Page 1 of the Ordinance as amended. Mr. Milledge seconded this motion, upon putting same to a vote the results were Mr. Milledge - yes Mr. Stockdell - yes Mr. Lindsey - yes Mr. Pruitt - no ,Mr. Kitson - yes Motion carried. Mr. Milledge moved that this Ordinance be adopted with the amendments already adopted. Mr. Lindsey seconded this motioh and upon putting same to a vote the results were Mr. Stockdell - yes Mr. Milledge - yes Mr. Lindsey - yes Mr. Pruitt - no Mr. Kitson - yes Motion carried. Mr. Stockdell then left the meeting and Mr. Pruitt moved that the meeting be adjourned. Mr. Lindsey seconded this motion. Mr. Milledge thought that some of the items on the agendnshould be taken care of at this meeting. Mr. Pruitt said he would withdraw his motion to take care of Items 9, 11 & 14. There was no second to this motion. Item 9 was "Subdivision Plat for Mr. Dunning". This subdivision to be known as "Dunnings Miami Shores Extension No. 2". Mr. Lindsey moved that the Plat submitted by Mr. Dunning on behalf of the Budgeteers Inc. certified by Mr. W. J. Knox, civil engineer and. surveyor, be approved by the Council subject to the insertion thereon "of a corner of a subdivision of the section", the Plat not to be delivered to the County Engineer or signed by the Mayor and Clerk until such be inserted or its impractibility be shown to the satisfaction of the Mayor and the Clerk. This motion was seconded by Mr. Milledge. Motion carried. Item No. 11 was "Plans for Business Building for Mr. O'Dell:'. Mr. Pruitt moved that a -permit on this building be granted. Mr. Milledge seconded this motion. Mr. Lindsey made a substitute motion to postpone the approval of Mr. O'Dell' s Plans and Specifications for one week. There was no second to this motion. Mr. Pruitt' s motion was put to a vote and the results were Mr. Milledge - yes Mr. Lindsey - no Mr. Pruitt - yes Mr. Kitson - no JAotion failed. Mr. Milledge moved that Lots 6 to 14 inclusive in Block 121, Miami Shores,and Lots 1,2,10,11 and the North half of Lots 5,6,and 7 of Beverly Glenn be changed from Zone "J" to Zone "G"; and Lots 1 to 9 inclusive, Block 12, Miami Shores, and 6 to 14 inclusive in Block 13, Miami Shores be changed from Zone "F" to Zone "G" of the- Zoning Ordinance No. 76 . This was seoonded by Mr. Pruitt and unanimously carried. Upon motion made by Mr.Pruitt and seconded by Mr. Lindsey, July bills in the amount of $1363.76 were approved and ordered paid, a list of same bang attached hereto and made a part of these minutes. Upon motion made by Mr. Lindsey and seconded by Mr. Pruitt, Mr. O'Dell request to beautify the parkways in his subdivision in lieu of building sidewalks on the back streets was declined. The Planning Board's request that its membership be increased to five was posponed. Mr. Jack Clark appeared before the council and made the following statement "I would like to have that property - Lots 11, 13 and 14, of old Asbury Park, zoned as the City of Miami Code calls for B-1, Business Property". Lir. Clark was advised that this matter would be given due consideration, after which the meeting was adjourned. CLi As Village Manage & C erk I APPROVED BY THE COUNCIL: Mayor P r+ Village Bills - July, 1939 Biscayne Engineering Co. 6 Large Maps of Village, #1744 6.30 Less Credit Memo - .52 5.78 Bessemer Properties, Inc. Rent on Office - Aug. 30.00 Rent on Shop & Garages 50.00 80.00 t Berner-Pdase, Inc. Police Dept. - Equipment •& Misc'l.Supplies 25# Rags, Ticket No. 81850 4.00 Burroughs Adding Machine Oo. Office Supplies - 1 Typewriter Ribbon .60 J. C. Chastain & Co. Traffic Signs & Signal Maintenance 6-#15 Wespco Jumbo Road Eyes with 3 red reflecter buttons 19.33 Callaghan & Co. Miscellaneous Printing (Municipal Law Boob) 1939 Cumulative Supplement to "McQuillin's Municipal Corporations 15.00 less 6% for Cash 14.10 City of Miami Police Maintenance & Repairs: 2-way radio Service - July 50.00 Division of Shops & Wastes Disposal Garbage Disposal - July 70.85 } Dixie Tire Co. Parkway Mowers: 1-450 - 21 Seib. P. Tube, #02770 1.47 C. W. Dean Contingent Acct. - Reimbursement for expense in changing building line after permit was issued and work started. 20.00 Electric Sales & Service Co. , Inc. Police Radio 1-5Y 4 G Tube, Ticket 3432 .50 Florida Tractor & Supply Co. Lot Cleaning - Repairs to Case Tractor Screen for radiator & Bolts, #12318 4.25 1-Draw Roller, 1-Radiator Cap & Gasket, 1-Radius Rod, #12734 7.40 1-01679 AB Pih, #12743 .40 12.05 Mr. Foster' s Store Office Supplies 200 sheets No Tear, 25 sheets Carbon 1-Doz. Pencils, #19559-41 3.30 1-Box File, #19606-50 .75 1-Box Legal Carbon, 1-Box Letter Carbon, 18340-45 7.00 11.05 Florida Power & Light Co. Street Lights 286.40 Office Lights, M33-10220 4.45 Garage Lights, M34-640 13.18 Community House, M33-14690 1.00 Traffic Lights: Biscayne Blvd. & 89th St.6.72 96th S t.6.72 N.E. 2nd Ave. & 96th St. 5_60 19.04 324.07 Gresham Stationery Co. Office Supplies: 1-Box Manifold Covers 7-10 1.50 2-Reams 82 x 14 Clear Copy 7-1-39 3.80 5.30 Holden-Wood, Inc. Parkway Misell. Supplies: Pliers, Cotter Keys, Loekwashers, #18842 1.33 Repair Air Hose, #20143 .15 50# Electrodes, #20226 5.75 Parkway-Whirlwind Mowers Installed 4-Bearings & freight-to fit to crank shaft 3.50 Trucks - Chevrolet Pick-Up 2-Boxes (10) #4000 Val. C. , Axle #20435 3.02 6-A.C. Plugs, Paint & Condenser,�20293 3.38 17.13 Hector Supply Co. Parkway Repairs - dowers 2 - Bearings, #SD1073 4.00 Points, Condenser & Gaskets, #1103 3.00 Gaskets & Bearings, #SD1293 4.35 Bed Knife,, Link, Springs, Bolt & Lock, Bolts, Bed Knife with screw, 2- whirlwind shafts & Belts, #SD1290 17.69 29.04 The Linde Air Products Co. Parkway Misetl. Supplies 1-Oxygen, Inv. #29880 2.31 Little River Press Office Supplies 4000 Letterheads, 7-13 24.75 500 sets Electrical Permits in Trip. 7-20 14.80 39.55 Newman-Butler-MaeVeigh Co. Bond for Mayor 50.00 The H. C. Nutting Co. Contingent - Concrete Test, #S6075 1.50 Orange State Oil Co. Gasoline & Oil Inventory 315 Gal. Gasoline, Inv. 168331. 50.40 315 Gal. rr , Inv. 163058 48.82 315 n rr , Inv. 163091 48.82 148.04 Patten Sales Co. Police Maintenance & Repairs - Regaskets Carter carburetor, #467 1.73 Railey-Milani Inc. Police D ept. :Equip. & Miscrl. Supplies 100 - 38 Speci. C tgs. , 1-only colts OP 38 Spec. Revolvers 41r Bbl. Blued Serial 614287 (7-3-39 29.29 Garbage Collection Dept. 2-Doz. 1261 Garb. Cans & Covers (7-6) 35.10 Parkway: 25-#100 Carb. Gratin (7-8) 6.25 70.64 Ring, Mahoney & Arner Auditing Village Records 2/1/39 7/31/39 200.00 Renuart Lumber Yards, Inc. Traffic `'igns etc. Street Markers - 400 ft. 1/4 Inv. 3951 3.00 Sinclair Refining Co. Gasoline & Oil Inventory 55 Gal. Ethyl Gasoline, #74104 9.90 55 " " n 2 #74139 9.90 6-Gal. Penn. Lt. Med. , 6 Gal. Penn. Lt. Heavy, Inv. #74145 7.20 k 54 Gal. Penn. Hy. , Inv. #74608 28.98 55 Gal. Ethyl Gasoline, #74624 9.63 55 Gal. Ethyl 11 , #75160 9.63 25# Grease,, #75178 2.09 50 Gal. Ethyl Gasoline, #75190 8.75 85.18 Spruill-Cordon Paint Works Inc. Traffic Signs 5-Gal. White Traffic Paint,, #26922 10.00 Spies Service Station Police Dept. j 7/2 1-Lube Job .50 7/12 1-Light Head .25 7/16 1-Lube Job .50 7/30 1-Lube Job .50 1.75 Skagseth Stationery Co. Inc. Office Supplies: 7/13 10 Reams 82x14 Mimeograph, #33 11.25 7/17 1-Roll Tracing Paper, #46 .50 11.75 Southern Bell Tele phone Co. Local Service - Telephone 7-1234 7.15 if n _ n 7-5440 6.94. Long Distant Calls 7-5440 2.85 Local Service 7-4825 7.93 Long Distant Calls 7-4825 .30 8.23 25.17 Town of North Miami Jail Rent - July 13.00 T. J. Blackwell Court Cases 493 and 494 6.00 R. E. Sappenfield Court Cases 495, 496, 497, 498 12.00 Cash. Traffic Signs - Red Danger Signs .90 Parkway Ice 3.00 Community House - Misell. Supplies .15 Office - stamps _ 9.74 Ice 1.00 Bug Spray .25 Cost of delivering notices 1.75 Soap .08 12.82 16.87 1363.76 r.. iami bores i11a e MAYOR \\\ �,. F L O R. I D 9 A P.SCOTT KITSON �' COUNCILMEN FRANK O. PRUITT JOHN J.LINDSEY PROM THE OFFICE OF STANLEY MILLEDGE W.MEADE STOCKDELL - ep GEORGE E. HOLT ATTORNEY S• JG'%�'' '• VILLAGE ATTORNEY GEORGE E. HOLT .•'f ' �''� ���'� ` FLORIDA NATIONAL BANK BUILDING VILLAGE MANAGER V `- •y .� �, MIAMI, FLORIDA C.LAWTON McCALL August 3, 1939 . Miami Shores Village Council, Miami Shores Village, Florida. Gentlemen:- Miami entlemen:- Miami Shores Village Ordinance #64 relating to the Golf Course was passed and adopted October, 1937, and was later approved and ratified by qualified electors, both resident freeholders and owners of property in the Village on November 29 , 1937, in an election called for that purpose. Section 12 of said Ordinance, found on page 39 thereof, named and appointed John M. Carlisle, Roy H. Hawkins and Thomas J. Ellis , residents of said Village as a Golf Course Committee, with authority and directions to supervise the con- \ struction. of the Golf Course and Club House, expend moneys therefor, to bind the Village in all matters pertaining there- to, and to maintain and operate the same when completed. In the same Ordinance, Section 7, found on page 22 thereof , authorizes the expenditure of funds for the erec- tion of the Golf Course and Club House in - co-operation with the Works Progress Administration of the United States , and by a committee of three Village residents designated by the mortgagor (Miami Shores Village) . The Golf Course Committee named in said Ordinance undertook and did perform its duties in connection with the construction of the Golf Course and Club House, and has con- tinued to do so until this date. On February 14, 1939 , Works Progress Administration of the United States ceased operation of tYB Golf Course and Club House for the stated reason that said property was encum- bered by a mortgage to Bessemer Properties, Inc . , and that the work could not be resumed thereon until satisfactory arrange- ments were made to assure that in case of default of said mortgage in the future, the same would not revert to private hands . Work was suspended thereon during which time lengthy negotiations looking towards the settlement of the matter and resumption of the Work thereon by W. P. A. were 2 - had , determination of which and the continuation of work on said project, occasioned by the execution of a supplementary agreem nt consisting of two instruments made and executed between Miami Shores Village and the said Bessemer Properties , Inc. , re- corded in the Public Records of Dade County, Florida, in Book 1170, page 250 thereof, and Book 1176, page 518, thereof,, res- pectively. These instruments provided in substance that in case of default on the part of the mortgagor (Miami Shores Village) , the terms and conditions of said mortgage described and such default be asserted by the mortgagee (Bessemer Properties, Inc . ) , that a foreclosure sale thereof would be held in abeyance and during the continuance of any default thereunder, the Golf Course and Club House would be maintained and operated "by the Village Golf Course Committee consisting of Roy H. Hawkins , John M. Carlisle and George T. Clark, who hereby are approved by all parties . . ." . Additional provisions are contained in the agreement mentioned, but are not apposite in the present discussion. On the day of 1939 , Hon. Thomas J. Ellis , a member of the Committee constituted by the provisions of Ordinance #64, supra, resigned therefrom, and on July 19, 1939, Hon. W. Meade Stockdell was appointed as successor to the Hon. Thomas J. Ellis , by virtue of Miami Shores Village Resolution #237. The questions have been raised as to : (1) Whether there are now in existence two Golf Course Committees, one constituted by Ordinance #64 supra, and the other provided for by supplemental agreements above described, and (2) whether W. Meade Stockdell was duly and regularly appointed a member of the Committee provided for in Ordinance #64. An opinion has been requested of me as to the status of the two committees dLndthe legal effect of Ordinance #64, and the supplementary agreements mentioned. Counsel for Bessemer Properties , Inc. , have rendered a written opinion in which they have adopted the position that by reason of the execution of the supplementary agreements described, there is one Golf Course Committee consisting of Roy H. Hawkins , John M. Carlisle and George T. Clark; that by reason of the wording of said agreements it is clearly indicated that the original committee provided for in the ordinance has ceased to exist regardless of whether or not a default has - 3 - occurred in the mortgage described, the latter named committee has complete authority concerning the operation of the Golf Course and Club House. It may be this construction of counsel for Bessemer Properties , Inc . , is correct and that a court would adjudic.ate the same to be the law applicable to the matters in question. However, intention of the parties concerned must be taken into consideration in construing the provisions of any written instrument. The purpose of the supplementary agreement was to provide in case of default the continuation of the operation of the Golf Course and Club House under the same conditions and to maintain the same as a municipal golf course as originally contemplated by all parties under the provisions of Ordinance #64. With this thought in mind two members of the original Committee were named thereto and due to the absence of Hon. Thomas J. Ellis from Miami, (he having been appointed Assistant Attorney General a short time prior thereto and removed to Tallahassee , Florida) , George T. Clark was named in his place and to occupy the same status on what we all termed the "default committee" , the said last named person having formerly been in partnership with the said Thomas J. Ellis under the firm name of Clark & Ellis , and which said firm represented Bessemer Properties , Inc . , in a legal capacity, and the said George T. Clark now represents the said Bessemer Properties , Inc. , in a legal capacity. Throughout all the negotiations the two committees were treated by everyone as two separate and distinct entities. Counsel for Bessemer Properties, Inc . , contend that the provi- sions in Ordinance #64 requiring that the members of the "Ordinance Committee" be residents of the Village (Ordinance #64, Section 7, page 22 thereof ; Ordinance #64, Section 12, page 39 thereof) were waived by the execution of the supplementary agreement. This, however, in my opinion must be construed according to the intention of the parties and the actions of everyone concerned did not indicate that this was their intention. The requirement that the members of the "Default Committee" be residents of the Village was included in one of the first drafts of the supple- mentary agreement submitted to the W. P. A. , but later eliminated from the agreement which was finally agreed upon and executed, since such provision might automatically disqualify one or more members named therein, during the period of ten years within which such committee is to operate the Club House cin the event a default continued for that period.° No such change in the - 4 - requirements as to the residents in Ordinance X61, was , requested or made. A default in the terms of the mortgage has already occurred,in that Section 6 of said mortgage contains a pro- vision that the Village was to complete the Golf Course not later than ten months from the date of the mortgage, to wit : December 1, 1937. This would require completion on October 1, 1938. This default has not been asserted as required in the supplementary agreement and as a matter of fact Bessemer Properties , Inc. , since said default .have advanced the sum of5000.OG in addition to the amounts required by the terms of the mortgage. There is no indication that this default will be asserted, and there is no contention whatsoever on the part of Bessemer Properties , Inc. , that the socalled "Default Committee" has authority at this time on account of the default, but have based t)xeir contention on the grounds set forth above. My conclusions are as follows : 1. That in view of the fact that the original committee was appointed by the terms of Ordinance #64 that the appointment of a successor to a member of that committee should be by ordinance and not by resolution as was. done under Resolution #237 passed and adopted July 19 , 1939• This sug- gestion is made to avoid any possible controversy as to the validity of the appointment through the means of the resolution mentioned. 2. Taking everything into consideration until a default is asserted, there are two separate and distinct committees , (a) The Ordinance Committee ; (b) The Default Committee . 3. That when a default occurrs and the same is asserted a the com..iittee provided for in Ordinance #64 ceases to exist and has no further powers , duties or authority, and the committee provided for in the supplementary agreements described, assumes control of the operation of the Golf Course and Club House and all of its facilities. I have made this opinion as short as possible and have not included all of the details , facts and circumstances which have persuaded ms to the conclusion stated, and if it is the desire of the Council that a more detai d report of the circumstances involved be made , I shall be rnosT4appyst o. stGEH/P � ney.