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09-15-1942 Regular MeetingMINUTES OF REGULAR MONTHLY MEETING OF MIAMI SHORES VILLAGE COUNCIL SEPTEMBER 15th, 1942. The regular monthly meeting of the Miami Shores Village Council was held on September 15th, 1942, with 4 members present,the 5th membership being vacant. Minutes of the meeting of August 11, 1942, were read and approved. The Council received a report concerning reducing the cost of street lights, and instructed the Village Manager to find out whether or not it is possible to reduce the 14 400 candle-power street lights not effected in the proposal submitted by the Florida Power and Light Company and to report back at the next meeting. The Council discussed the discontinuance of the contract post office station located in Miami Shores, and instructed that the proper resolution be drawn and forwarded to the post office authorities for the re-establishment of this station. The Council received a financial report of the Golf Course Committee and was informed by the Village Attorney that it had already been approved by the court. The Council received a letter from the Golf Course Manager requesting that he be permitted to buy 300 yards of top soil from the Village Nursery, but as we had stopped taking soil from the nursery several months ago and it being the desire of the Council to conserve the property, the Village Manager was instructed to notify the Golf Course Manager that the Council regretted that it was unable to comply with his request. Pae No• 2 9/15/42 Upon motion of Mr. Earnest and seconded by Mr. Thompson, the Council unanimously requested bids on the Village insurance restricted to agents residing within the Village limits; that the bids be in sealed envelopes and the insurance awarded to the lowest bidder; and that the Village Manager be authorized to have a binder become effective as of October 14th if action has not been taken by that time. The Council acknowledged receipt of a check for $200.00 from the Defense Council along with a letter in response to the bill submitted for funds advanced by Miami Shores Village in defense activities, the letter requesting that the Village hereafter pay from its own funds the costs of this work. The Council instructed that the Village Manager and Mr. Earnest acknowledge receipt of the check and letter, and to explain that the Village is willing to continue to contribute a nominal amount towards a defense effort but that we have no funds to pay any large expenditures. In compliance with instructions given the Village Manager at the August meeting it was reported that a survey had been made concerning frame structures in the various rear lawns throughout the Village, and that this survey showed that the rear lawns throughout and the Village are in very good conditions;/that there are no frame structures of any consequence. Action on the last Village audit was postponed until the next meeting. Upon motion of Mr. Thompson and seconded by Mr. Dooly August bills -in the amount of $1372.51 were approved and ordered paid, Pae No. 3' 9/15/42 The Council approved the Village Manager using a recovered bicycle held by the Police Department provided the Village Manager would pay for the upkeep of same. The Council authorized the sale of coconuts from trees on the Village streets for the purpose of providing carbon and the manufacture of gas masks. The Village Attorney presented a written opinion and recommendation in the matter of the contract between Miami Shores Village and the Florida Power and Light Company concerning fire hydrant rental, which is attached to and made a part of these minutes. - Upon motion of Mr. Dooly and seconded by Mr. Earnest said recommendation was accepted. The Mayor appointed Mr. Thompson and Mr. Earnest, along with the Village Attorney, to work with the Libtary Committee in making a report and recommendations concerning the establishment of a library in the Village. After which the meeting was adjourned. 4170Village nager a Clerk APPROVED BY COUNCIL: MAYOR MARION B. ARNOLD jami r-rhorefillage L 0 R I D A ATTORNEY STANLEY MILLEDGE VILLAGE MANAGER C. LAWTON McCALL Mr. C. Lawton McCall, Village Manager, Miami Shores Village, Florida Dear Sir: letter to agreement cAnd Light tween the September 15, 1942 COUNCILMEN L. C. CHILDRESS OSCAR E. DOOLY, JR. WALTER G. EARNEST JOHN G. THOMPSON I am returning herewith the papers enclosed in your me of July 31, with reference to the present status of the between the Village, the City of Miami, and the Florida Power Company, arising out of the agreement of August 11, 1932 be - Village and the Miami Plater Company. I had a conference with Mr. Gray, od Hanks & Preston, counsel for the power company, and learned that the power company claims no tax exemption by reason of this agreement. The Village should as- sess the personal property of the Florida Power & Light Company and col- lect taxes thereon just as they would on other property. The difficulty in the situation concerns the status of the 1932 agreement, so far as the City of Miami is now concerned. House Bill #1563, Acts of 1941, exempts from municipal taxation the water sys- tem in Miami Shores now owned by the City of Miami. There may be some question as to the constitutionality of this act, but I doubt the practi- cability of attacking it. There are two ways for the Village to handle this situa- tion: the first is to consider the 1932 agreement at an end, impose a tax on the water system, notwithstanding the act referred to, and set this amount off against whatever amount the City of Miami charges the Village for fire hydrant;'rental. The City of Miami could hardly afford to admit the non -effectiveness of the act referred to and we would become involved in litigation and a favorable result to the Village would be extremely doubtful. The second way to handle the situation, and the one which I recommend, is to consider the agreement of 1932 as still in effect, since paragraph 6 of the agreement provides for its assignment by the company to its successor in ownership. This is the position which you took in your letter of January 28, 1942, to 'e,r. Glass, and I understand that the City has taken no exception to your position. Before the City of Miami bought the water company's property, the Village paid for fire hydrant rental an amount equal to the personal property taxes assessed against both the water company and the power company. In order that the City of Miami, as well as the Village, retain their original status, the Village air. C. Lawton LlcCall, Page 2 9-15-42 should pay over to the City of Miami the amount collected from the power company on personal property taxes. It may be that the City of Miami will raise no ser- ious question about this arrangement. If it does litigate, the Vil- lage is in a better position maintaining the agreement of 1932, than it would be in attacking the constitutionality of the act referred to. Even if the Village established its right to tax the water property, Lliami might justify a fire hydrant rental charge far in excess of the taxes on the water and the power properties. This rental might well run between three thousand and thirty-six hundred dollars per year. Yours very tru STANLEY MILL'DGE SM:BHV