Resolution 272 •
ReedOLUTION No. 27g
District Tee? Sieewellr Improvement eTed.7
Whereas, the City Council, by resolut ion, passed and adopt ed. the
7th deer of -
„ , 1922, ordered the agicer..
Ilterovement District , and the City ingineer,
under direction of the City Council, has prepared and filed with the
Ci t7 Clerk , plans and sp.: cificatione of such improvement and an esti-
mate of the cost thereof , including an estimate of the cost of the
incidental expenses of said improvement, and whereas due notice by pub-
3.1ction as required by the city Charter has been made that the City
Council would on the 5th day of , 1922, at the City Heal
at 7:30 o' clock p. m. , receive and hear the remonstrances of all
interested persons to the confirmation of said resolution ordering
said imerovement, and all remonstrances received havine been heaed and
consideeed by the City Council.
fherefore, Be It Resolved by the City Council of idiami Beach,
Florida, That the said Resolution of the city Council ordering said
Sidewalk Improvement tri et
$Z:-7 , be
The confirm d.
Bch,
-1s° threePhout the tate,
Be It Tur ther Resolved, That tee eityrierk cause to o puelisnee
at leeet once in the Ziardidellailedlietr , a newspaper of
eerier...1 circulation in .the City e-f , otice calling for sealed
bide to be received by the City Council on the 26th day of ee.
1922, at ee o' clock, p. m. , for the conetruc of seia—l—t
worker! Sai& notice shall state the Jenerovement is to be constructed
and paid for in cash, under section 29 of the City Charter. Any bid
covering, work to be done under more than one resolution shall be in
such form as to permit a separation to be made of the cost urder each
resolution. each proposal must be accompanied by a certified cheek
upon a bank or trust company of lorida in the amount o 2-1'; per cent.
of the amount of the bid , payable to the City of Miami Beech, to insure
the execution of a contract to carry out the work In accordance with the
plans and specifications. 11 bids will be 'opened and award of con-
tract elide or all bide rejected. After an award has been made the
checks of all bidders, other than the one to whom the contract has
been awarded, shall be returned. In default of the entering into
such contract, the certified check reeuired to aocompany such bid
shall be forfeited to the City of Miami Beach, Plorida, not as a pen-
alty, but as lieuidated damages for the delay or additional cost which
may be incurred by the City by reason of such default. 4o bid. will be
permit ted to be withdrawn for any reason what ever after havine 'been.
filed with the Clerk.
gassed and adopted this eel; day ofeee_ellely_ed e. 1 . , 1982.
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Approved Vele 5th day of A. D. ,• 1922.
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To: The People's Gas Company
To: The Trustees in Bankruptcy of the Gas Company of Miami Beach
To: The City of Miami Beach
NOT I C;1; OF CL.i C hLb .i1ION OF
ASSIGILENT OF FRANCHISE
WIIERFAAJ, the undersit:ned, Charles .4"tz.;.rr end. C. P.
Ho 1 vier ber, obtained a franchise ranted--sto them wider Ordinance
No. 260 and amendatory Ordinance No. 272, passed by the City Council
of t)-E City of Liiarai Beach, Florida,
AND 611_ sal Charles E. Marr an(j, C. P. Holzderber,
on the first day of 1929, a;reed to assi. ;n, transfer end. set
,Inc.
over this franchise to the ..'ras Company of Miami Beach on the perfor-
mance of cert certin condi tions contained in said. agreement by and between
Charles E. Mtarr and. C. P. Holzderber of the one part end the tlas
Company of the other part by the said. Gas Company of Miami beach, Inc.
JNDJ{ REA3, the said. Charles :3. -3tarr and G. P. Holzderber
d id e)v.:cute s oh assignment of the said franchise to the said
,Inc•
CoLLparry of Miami Jeachi the d.elivoy of which was conditioned upon
certain acts to be done and performed by the said. ,-18:3 ompt.t.ny of Liami
Beach, Inc.
OD WHEREAS, the condi tions as contained in the agreement by
and between Charles B. Starr and*C. 'P. Holzderber of the one part and
Inc•
the Gas Company of Miami Beach of the other part have rievr been ful-
filled and 1.)erforlzd by the said. Gas Company of :Miami Beach, Inc.
and C. P. Holzderber, do hereby--r- 4oke such asz14;nmertt aforesaid men-
tioned and declare tne agreement aforesaid. by and between Charles
:;texr and C. 2. Holzderber of th : one part and the Gas Comrnny of Miami
Inc.
Bead of fthe other part, herby forfeited, terminated and of no effect,
and we hereby claim and demand all the rights, privileges and authority
•
4
granted in Oriiaance No. 260 and emendatory Ordinance No. 272 of the
City of Miami Beach, ?lorida, to ourselves, and that we intend to
exercise all the riShts, privileges end authority to ns granted in
La9 said franchise granteJ to us, the said Charles S. ,;terr and C. P.
Holzderoer, under Ordinance No. 260 and unennatery Ordinance No. 272
of the City oe iaai 3each, Florida, and that the fra chise is not
and never has been an aeseof the as Comeany of iamf
111
Beech, Inc. ex an aasee of the estate of the bankrupt of the'
Cas Coupany of Miani 3each, Inc. , and that by virtuRf
of the invalidity of the purported assignment to the ;a3 f.lompany ore,;
Miami 3each, no title to saEe has x.ar paosed out of these, the
dadersizned, Charles U. Tarr and C. I . Holzderber, bat on the coriFQ
trary, that the said franchise above described is still wnee by us. ,,,
THEREFORE, yod eill govern yoeselvee aocordingly.
(siePied)
C. P. H0.1eZDERBlefl ye
E - -
Attorney in Fact.