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09-11-1945 Regular Meeting 3 MINUTES OF REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL SEPTEMBER 11, 1945 The regular meeting of Miami Shores Village Council was held at 7:30 P.M. September 11, 1945, with all councilmen present. Minutes of the regular meeting of August 14, 1945 were read and approved. The Council was requested to reconsider the application of H. L. Clark for a permit to build a CBS office building on his property at N. E. 91st Street and Biscayne Boulevard. The Village Attorney was instructed to study the ordinances involved and advise the Council at the next meeting• A letter was received from the law firm of Smathers, Maxwell and Thompson, requesting the Council to approve the is- suance of a permit to C. F. Wheeler to construct a two-car garage at 150 N. E. 96th Street. Mr. Parish moved that the application of C. F. Wheeler for a permit to construct a two-car garage at 150. N. E. 96th Street be deferred until final decision on the Wheeler suit has been handed down by the court. The motion was seconded by Mr. McKee and was passed by a three to one vote, with Mr. Reynolds dissenting. The Village Attorney was instructed to reply to the letter from Mr. Wheelerts attorney. Council received a letter from the Manager of Winkle 's Stores regarding selling hours of package liquors for off premise consumption which was read and ordered filed. 4 J Council discussed the Planning Board but no action was taken. The Audit Report of July 31, 1945 was submitted to mem- bers of the Council for their examination. Upon motion of Mr. Reynolds, seconded by Mr. Kilburn, current bills in the amount of $2,741.80 were approved and ordered paid. The Village Attorney was instructed to study the City of Miami liquor ordinances for the purpose of possibly re-drafting the Village liquor ordinances. Councilman Reynolds moved that the meeting be adjourned until 7:30 p.m., Tuesday, September 18, 1945. The motion was seconded by Councilman McKee and unanimously carried. The adjourned meeting was continued on September 18, 1945, at 7:30 p.m., with the following councilmen present: L. J. McCaffrey, mayor J. C. Kilburn W. H. McKee Howard Parish M. E. Reynolds Absent: None The following resolution was presented for consideration: • RESOLUTION NO. 273 RESOLUTION DIRECTING PUBLICATION OF NOTICE OF SALE OF $3500000 GOLF COURSE BONDS OF MIAMI SHORES VILLAGE, FLORIDA. BE IT RESOLVED by the Village Council of Miami Shores Village, Florida: Section 1. That the Village Manager is hereby authorized and directed to publish a notice calling for bids for the 6 7 $350,000 Golf Course Bonds authorized by Resolution No. 272 adopted on July 13, 1945, in The Miami Herald, a daily newspaper of general circulation published in Miami Shores Village, and in The Daily Bond Buyer, a financial journal published in New York City and devoted primarily to municipal bonds, each of such pub- lications to be made at least ten days before the date for the receipt of bids, which notice shall be in substantially the follow- ing form: NOTICE OF SALE $350,000 MIAMI SHORES VILLAGE, FLORIDA GOLF COURSE BONDS Sealed bids will be received by the Village Council of Miami Shores Village, Florida, at its regular place of meeting, in the municipal office in said Village, until 7:30 otclock P.M., October 2, 1945 at which time and place all bids will be publicly opened and read, for $350,000 Golf Course Bonds of Miami Shores Village, dated May 12 1945, and maturing annually, May 1, $100000 1946 to 1953, $150000 19540 $200000 1955 to 1958 and $25,000 1959 to 1965, all inclusive, without option of prior payment. Denomination $10000; principal and semi-annual interest (M and N 1) payable in New York City in legal tender; general obligations; unlimited tax upon all taxable real property (ex- cluding homesteads) and tangible personal property within the Village, and additionally secured by the net revenues of the Miami Shores Golf Course; coupon bonds not registerable. Bidders are requested to name the interest rate or rates, S 9 not exceeding 4% per annum in multiples of 1/4 of 1%, and each bidder must specify in his bid the amount and maturities of the bonds of each rate. No bid may name more than three interest rates, and all bonds maturing on the same date must bear interest at the same rate. No bid of less than par and accrued interest or for less than all of the bonds offered will be entertained. The bonds will be awarded to the bidder offering to purchase the bonds at the lowest interest cost to the Village, such cost to be determined by deducting the total amount of the premium bid from the aggregate amount of interest upon all of the bonds until their respective maturities. The bonds were validated by decree of the Circuit Court of Dade County, Florida, rendered on September $, 1945. The ap- proving opinion of Masslich and Mitchell, New York City, will be furnished without cost to the purchasers of the bonds. Each bid must be enclosed in a sealed envelope marked "Proposal for Golf Course Bonds", and must be accompanied by a certified or bank cashier's check for $7,000, payable uncondi- tionally to the order of Miami Shores Village, on which no interest will be allowed. Award or rejection of bids will be made on the date above stated for the receipt of bids, and checks of unsuccess- ful bidders will be returned immediately. The check of the successful bidder will be held uncashed as security for the per- formance of his bid, but in the event the successful bidder shall fail to comply with the terms of his bid, his check may then be cashed and the proceeds thereof retained as and for full liquidated damages. Whenever such terms shall have been complied with, or if if should be found impossible to issue and deliver the bonds, 10 11 the check will be returned. Delivery of the bonds will be made on or about October 23, 1945 at the Florida National Bank and Trust Company in the City of Miami, Florida. The right to reject all bids is reserved. MIAMI SHORES VILLAGE By Village Manager Section 2. That this resolution shall be in full force and effect immediately upon its passage. PASSED AND ADOPTED this 18 day of September, 1945s /s/ L. J. McCaffrey Mayor /s/ C. Lawton McCall Village Manager and Clerk Councilman Reynolds moved that the resolution be adopted. The motion was seconded by Councilman McKee. Upon roll call, the motion passed with the following voting aye: L. J. McCaffrey J. C. Kilburn W. H. McKee Howard Parish M. E. Reynolds and the following voting nay: None Mr. Nichols repro ted that he had looked into the question of zoning ordinances governing business zoning and there seem to be none by which the Council could prohibit Mr. Clark from proceed- ing with the erection of the building on his property, providing he is meeting all of the building requirements; that according to Mr. McCall, his specifications meet our requirements and there is 12 13 no legal procedure by which you can deny to issue this permit. Upon motion of Mr. Kilburn, seconded by Mr. McKee, Council unanimously approved the issuance of a special permit to be drawn by the Village Attorney for a temporary office building to be constructed, according to the plans submitted by Mr. Clark, on a tract of land he is developing on Biscayne Boulevard and N. E. 91st Street. No further business, the meeting adjourned* f c lla a Manager an Clerk APPROVED: Mayo �____----- 14