Ordinance 127 AN ORDINANCE AUTHORIZING AND E WOWERING THE MAYOR AND THE
CITY CIZRK OF THE CITY OF MIAMI BEACii, IN THE NAME OF
SAID CITY, AND FOR AND ON ITS BEHALF, TO PURCHASE THE
WATER rMM SYSTEMS NOW 0`WNED9 OPERATED AND MAINTAINED IN
SAID CITY BY THE ALTON BEACH REALTY COMPANY AND THE MLUII
OCEAN VIEW COKPANY, TO EXECUTE ALL CONTRACTS NECESSARY TO
EFFECTUATE SAID PURCHASE, AIM PRESCRIBING THE TERMS, CON-
DITIONS AND PROVISIONS OF SUCH PURCHASE.
SECTION 1. That, in order to supply the City of Miami Beach with a
system of water works for the use of said City# and the inhabitants thereof,
the Mayor and City Clerk of the City of Miami Beach, in the name of said
City, and for and on its behalf, be and they are hereby authorized, empowered
and directed:
(a) To purchase from The Alton Beach Realty Company, a Corporation of
Florida, at the price and on the terms and conditions as hereinafter set out,
the water works system of said corporation, now owned, operated and maintained
by it in the City of Miami Beach, including all wells, pumps, machinery, water
mains, hydrants and other equipment and apparatus appertaining thereto, and
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to all that real estate situate in the City of Miami Beach, in Dade County,
Florida, described as follows, to-wit:
From a concrete monument situate at the intersection of the North
line of Lincoln Road and the West line of Alton Road, as shown,
marked and designated on a plat recorded in Plat Book No. 4, at
page 125, of the public records of Dade County, Florida; thence run
East along the North line of said Lincoln Road produced Eastwardly,
a distance of twelve hundred and fifty (1250) feet; thence run
North along a line parallel with the West line of said Alton Road
produced Northwardly, a distance of Eight hundred and Seventy (870)
feet, for a point of beginning of the land herein described; thence
North along said last named line a distance of sixty-five (65) feet;
thence East on a line parallel with the North line of said Lincoln
Road produced Eastwardly, a distance of one hundred and fifty (150)
feet; thence South along a line parallel with said West line of
Alton Road produced a distance of sixty-five (65) feet; thence West
on a line parallel with the North line of said Lincoln Road a dis-
tance of One Hundred and Fifty (150) feet to the point of beginning,
containing twenty-two one-hundredths of an acre. (0.22) more or less.
it being understood, however, that said purchase shall not include the well,
pump and accessories now ovined by the said corporation and used in connection
with the operation of its building and business known as "the Casinotl, situ-
ate in said City, and owned by said corporation.
(b) To purchase from The Miami Ocean View Compan7, a Corporation of
Florida, at the price and on the terms and vnditions as hereinafter set out,
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SHUTTS, SMITH & BOWEN, ATTORNEYS-AT-LAW, MIAMI, FLA.
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the water works system of said corporation now owned, operated and maintained
by it in the City of Miami Beach, together with all wells, pumps machinery,
water mains, hydrants and other equipment and apparatus appertaining thereto
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Id flow in an Benner sed � connectionterewith, an also including the fee
simple title to all that real estate situate in the City of Miami Beach, in
Dade County, Florida, described as follows, to-wit:
Lot Numbered Fourteen (14) of Block Numbered Sixty-nine (69) as the
same is shown, marked and designated on a Plat of Ocean Beach,
Florida, Addition No. 39 recorded in Plat Book 29 at page 81 of the
Public Records of Dade County, Florida..
(a) To duly and formally execute, in the name of said City, and for and
in its behalf, all contracts in writing, necessary to fully effectuate the in-
tendments of this Ordinance.
SECTION 2. That, Subject to all the termstconditions and provisions, as
hereinafter set out, the purchase price of the said property to be purchased
by said City from said The Alton Beech Realty Company is hereby fixed at Forty
Thousand ($409000.00) Dollars, which purchase price shall be paid as follows,
to-wit:
(a) By to the said The Alton Beach Realty Company of
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t14 u-13as of Ten Thou-
sand ($109000.00) Dollars, --
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(b) By the execution and delivery to the said The Alton Beach Realty
CompazW of the unconditional obligation of said City to pay to said The Alton
Beach Realty Company the further sum of Thirty Thousand (4309000.001 Dollars, in
ten (10} annual installments of Three Thousand (439000.00) Dollars each, due
respectively, on or before one, two, three, four, five, six, seven, eight, nine
and ten years from the date of the passage of this Ordinance, together with
interest thereon at the rate of six (6%) per cent per annum• on all deferred
payments from said date until paid, payable semi-annually. Said obligation
shall also include a promise to pair the reasonable attorneys t fees of said
corporation, in case it shall hereafter become necessary for said corporation
to resort to litigation in order to collect any amount or amounts due there-
under.
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SHUTTS, SMITH & BOWEN, ATTORNE=YS-AT-LAW, MIAMI, FLA.
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SECTION 3. That, subject to all the terms; conditions and provisions
as hereinafter set out, the purchase price of the said property to be pur-
chased by said City from said The Miami Ocean View Company, is hereby fixed
at Thirty-five Thousand ($359000.00) Dollars, which purchase price shall be
paid as follows:
(a) Bytip 1 � to the said The Miami Ocean View Compal e4-4ara-
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Yeaftemot Ten Thousand (4109000.00) Dollars, z
(b) By the execution and delivery to the said The Miami Ocean View
Company of the unconditional obligation of said City to pay to said The
Miami Ocean View Company the further sum of Twenty-five Thousand ($259000.00)
Dollars, in ten (10) annual, installments of Twenty-five Hundred (42,500.00)
Dollars each, due, respectively, on or before one, two, three, four, five,
six, seven, eight, nine and ten years from the date of the passage of this
Ordinance, together with interest thereon at the rate of six (60) per cent
per annum on all deferred payments from said date until paid, payable semi-
annually. Said obligation shall also include a promise to pay the reasonable
attorneys' fees of said corporation in case it shall hereafter beoome necessary
for said corporation to resort to litigation in order to collect any amount or
amounts due thereunder.
SECTION 4. That the payment of the unpaid balance of said indebtedness
due to said The Alton Beach Realty Company, and amounting to the aggregate
principal sum of Thirty-Thousand (4309000.00) Dollars# and the payment of the
unpaid balance of said indebtedness due to said The Miami Ooean View Compamr,
and amounting to the aggregate principal sum of Twenty-five Thousand (259000.00)
Dollars, Date b shall be secured by a first mort-
gage upon all the property, reals personal and mixed described herein, and
upon :may and all extensions of said water systems hereafter made by said City,
which mortgage shall be duly and legally executed by said Mayor and City Clerkq
in the name of said City, and for and on its behalfq in favor of said The Alton
Beach Realty Company, and said The Miami Ocean View Company, as their respective
interests therein may appear, and shall contain all other stipulations, condi-
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SHUTTS, SMITH & BOWEN, ATTORNEYS-AT-LAW, MIAMI. FLA.
by virtue of any judicial proceedings, shall cause the said above
described and conveyed real estate to immediately revert to the
Grantor, its successors or assigns, and shall entitle the Grantor,
its successors or assigns, to immediately enter upon said property
without notice, and take possession of the same, with full title,
in fee simple, together with all improvements thereon*"
SECTION 6. That, as a part of the consideration for said conveyance of
said propertyv said City shall enter into a written obligation with said The
Alton Beach Realty Company and the said The Miami Ocean View Company, provid-
ing that said City will carry out and perform any and all existing and pend-
ing agreements herebefore made by either of said corporations with any other
party covering the installation and completion of water connections to the
property line of lour in said City heretofore owned and sold by either of
said corporations -�"" J
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E:T ON 7. That this Or sh 1 become � fectiwe u a� i so adopt
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by the City Council, and upon its being posted for a period of thirty daya,
as required by law.
SECTIO' 8. That all ordinances, or parts of ordinances, of the City of
Miami% Florida, now in force and in conflict herewith, are hereby repealed.
Passed and adopted this day of , 1919.
President of City Coun6il.
ATTEST:
City Clerk.
Approved this 14day of Sap- eser, 1919.
Mayor.
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SHUTTS, SMITH & BOWEN, ATTORNEYS-AT-LAW, MIAMI, FLA.
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