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03-28-39 v MINUTES OF A SPECIAL CALLED MEETING OF THE ATLANTIC BEACH TOWN COUNCIL HELD AT THE TOWN HALL AT 8 P.M. MARCH 28, 1939. Present: E. L. Uhiasson J. C. Cutler Thos. N. Trout R. E. Sugg G. L. Rosborough Mayor Ueorge N. Smith end Town attorney C. C. Howell , Jr. , were present also. Pursuant to previous notice mailed to each member, the meeting was celled to order by n. L. Uhiasson, president. upon motion of Mr. Trout, seconded by Mr. Ros- borough, the munutes of previous meetings was deferred to the regular monthly meeting in April and business was limit- ed to the following matters : Upon motion of Mr. Sugg, seconded by Mr. 'Trout, the following resolution was unanimously adopted: aHnF'tAS, God in his Judgement has removed from our midst a beloved friend and neighbor , JUDSON L. BUFKE and ;vHEREA S evidence of his deeds and services to all the reach Communities will stand monumental to his memory, end WHEREAS, the Town Council of the Town of Atlantic Beach desires to join the Town of Neptune Beach, the greater loser , and the other Beach Communities in further paying tribute to his memory, BE IT THEREFORE RESOLVED that in the nassinc of Judson L. Burke , each member of the Town Council of Atlantic reach, for himself , and on behalf of all of the citizens of atlantic Beach, deplore his death as a great loss and misfortune to all of this community, and BE IT FURTHER RESOLVED that, as a token of our heartfelt sorrow and as an expression of the esteem in which we held him, this resolution be entered on the minutes of this council and that copies be furnished the Town Council of Neptune Beach , the family and the Press. gassed by the Town council this 28th day of March, 1 .L . 1939. At this point the chair called upon the Town Attorney for three Bills to be offered the coming session of the zDtate Legislature. The Town Attorney read each bill. The first considered was the one to provide for Zoning for building purposes in the Town. the Attorney read one section at a time and discussion was then had on each section. The second Bill was one to amend the Charter of the Town in reference to the collection of taxes. This bill was read section by section by the Attorney and discussion was had thereon. the Attorney was directed to change the crate when penalty interest on unpaid taxes would start to April first. • The Third Bill presented by the Town c:ttorney was one to amend the T;nabling Act providing for the construc- tion of the ,)eawall , so that the interested collected on un- assessed balances would be not more than 6% per annum. Thereupon the following resolution was introduced and upon motion of Mr. Outler, seconded by Mr. Trout, was unanimously adopted: -2- RESOLUTION NO. /C A RESOLUTION SEEKING FOR AN AUTHuR1ZING THE INTRODUCTION IN AND PASSAGE BY THE 1939 SESSION OF THE FLORIDA LEGISLATURE, OF "AN ACT AUTHORIZING THE TOWN OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, TO PROVIDE FOR AND PRESCRIBE , ZONING REGULATIONS; AND REPEALING CHAPTER 16313, LAWS OF FLORIDA, SPECIAL ACTS OF 1933, F,NTITLED 'AN ACT TO :PROVIDE AND AUTHORIZE THE TOWN OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA , TO PROVIDE AND PRESCRIBE ZONING REGULATIONS" , OF "A BILL TO BE ENTITLED 'AN ACT TO AMEND SECTIONS 28 , 31 AND 33 OF CHAPTER 13907 , LAWNS OF FLORIDA, ACTS OF 1929, THE SAME BEING 'AN ACT TO Fix THE TrRRITORIAL LIMITS OF THE TOWN OF ATLANTIC BEACH, TO PROVIDE FOR ITS GOVERNMENT, .:AND PRnsCRIBE ITS JURISDICTION "ND POWERS" , AND OF "AN ACT TO AMEND CHAPTER 16311 , LAWS OF FLORIDA, SPECIAL ACTS OF 1933 , ENTITLED: 'AN ACT RELATING TO THE TOWN OF ATLANTIC BEACH, 1N DUVAL COUNTY, FLORIDA, PROVIDING FOR Thn CONSTRUCTION OF SEA- ,VALLS., AUTHORIZING THF, 1 SSUANC E OF BONDS FOR THAT PuhPUSE; AUTHuttItING AND ri OVIDING FOR SPECIAL ASSESS- MENTS AGAINST ABUTTING FRuenRTY Tu PAY A FORTIUN uF THE COST OF 5EANALLS, OR THE BONDS ISSUED FOR THAT PURPusE, AND OTHER MATTERS IN CONNECTION '1'H[REcNITH OR RELATING THERETO" . WHEREAS, the Town or Atlantic peach, Duval County, Florida, now feels it municipally advisable to change , modify inu supplement its present zoning ordinance, to wit , ordinance No. u-3 , -gassed by virtue of Chanter 16313 , Laws or rloriva , special Acts of 1933, entitled, "An Act to Provide ana Authorize the Town of Atlantic Beach, uuval county , ± loriva , to eroviae and Prescribe Zoning Regulations" , and reels tnat seiu Chanter 16313 not only iails to contemplate and authorize such desired amendments, but is otherwise incomplete in scope and is now functus officio; end WHEREAS, much harmful confusion exists in the said Town and among the citizens thereof because of the variance between the laws government the assessment , pay- ment and collection of the local municipal taxes and the state and county fiscal laws pertaining to such matters; and WHEREAS grave inequities and hardships are re- sulting to those Atlantic Beach citizens living along that portion of the ocean front protected by that certain sea- wall constructed under the authority of Chapter 16311 , Laws of Florida, Special Acts of 1933 , to secure the partial payment for which seawall special assessments have been proportionally levied against the abutting real property of such citizens ; in that said citizens are, under the provisions of section 9 of the said Chapter 16311 , paying their several and respective said special assessments at the interest rate of six per cent per annun as mandatorily prescribed in and by said rection 9, where- as the seawall bonds authorized by and issued in accord- ance :with the terms of the said Chapter 16311 , end as security for the partial payment of which bonds the said special assessments were levied , bear interest at the rate of only four per cent per annum, and there is no constructive purpose to which the Town can legally devote those moneys received as interest payments on the said special assessments in excess of the said four per cent; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOi'PN OF ATLANTIC BEACH, FLORIDA; that the Honorable J. Turner Butler, our State Senator , and our • state Representatives , the Honorables N. McL. Christie , John S. Harrell, and Fuller Warren , be, and they hereby are , respectfully requested to introduce in the coming session of the Florida Legislature , and to secure as quickly as may be , the passage of the following acts: several and suggested respective forms of which are , for the convenience of our Mate Senator and Representatives, -3- hereunto attached as part of this Resolution: 1. An ACT AUTHORIZING THE TOWN OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, TO PROVIDE FOR , AND PRESCRIBE, ZONING REGULATIONS; AND REPEALING CHAPTER 16313 , LAWS OF FLORIDA, SPECIAL ACTS OF 1933, ENTITLED "AN ACT TO PROVIDE AND AUTHORIZE THE TOWN OF ATL^.NTIC BEACH , DUVAL COUNTY, FLORIDA, TO PROVIDE AND PRESCRIBE ZONING REGULATIONS" . 2. A BILL TO BE ENTITLED, "AN ACT TO AMEND SECTIONS 28 , 31 ND 33 OF CHAPTPR 13907 , LAWS OF FLORIDA, ACTS OF 1929, THE SAME BEING 'AN ACT TO FIX THE TERRI- TORIAL LIMITS OF THE TOWN OF ATLANTIC BEACH, TO PROVIDE FOR ITS GOVERNMENT, AND PRESCRIBE ITS JURISDICTION AND POWERS' " . 3. PN ACT TO AMEND CHAPTER 16311 , LAWS OF FLORIDA , SPECIAL ACTS OF 1933, ENTITLED: "AN ACT RELATING TO THE TOWN OF ATLANTIC BEACH, IN DUVAL COUNTY, FLORIDA , PROVID- ING FOR THE CONSTRUCTION OF SEANA LS, AUTHORIZING THE ISSUANCE OF BONDS FOR THAT PURPOSE; rtUTHORIZING AND PROVIDING FOR SPECIAL ASSESSMENTS AGAINST ABUTT- ING PROPERTY TO PAY A PORTION OF THE COST OF SEA- WALLS, OR THE BONDS ISSUED FOR THAT PURPOSE, AND OTHER MATTERS IN CONNECTION THEREWITH OR RELATING THERETO" . A copy of this resolution to be sent to the members of the Duval Delegation. A written application was presented, signed by W. E. Arnold of the lioard of Public Instruction of Duval County, asking permission to sink a well on the Public School Site in the town. Thereupon the following resolution was presented and upon motion of Mr. Outler , seconded by Mr. Trout, was unanimously adopted: RESOLUTION WHEREAS, the Board of Public Instruction for the County of Duval , State of Florida , by N. R. Arnold, the Business Manager, has made application in writing to the Town of Atlantic Beach, Florida , for permission to drill a four (4" ) inch artesian well on the School Site located in the Saltair Sub-Division of the Town, the said well to be used exclusively by the School Board for purposes of the said Board at the Elementary School now under construction, and WHEREAS, the said School Site is not now served by a public utility engaged in the business of distributing and selling water for drinking, domestic or commercial purposes, NO'N, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TO'NN OF ATLANTIC BEACH, FLORIDA , that in accordance with the provisions of Ordinance No. 26 , Laws of the said Town, permission is hereby granted the said Board of Public Instruction to sink a Four (4") inch artesian well on the said School Site for the exclusive purpose of furnishing water to the said Elementary School in the Town. (Passed by the Town Council March 28, 1939. ) At this point the Chair raised the question of the three projects under consideration in the Town. He explained that the Engineer for the Street Project, !r. Angas , had been tied up with work on the propos- ed Naval Air Base and that he now promises to have some figures ready by the first of April. As to the Project for remodeling and adding to the Town Hall , it was explained that this would probably be -4- ready before the regular meeting night on tpril 4th. The plans prepared by Youngberg and Associates for a waterworks and fire department Tro ject were oresented to the Council and thoroughly discussed. Definite action in reference to this matter was deferred to the regular meeting. After considerable discussion in reference to e proposed Bond Issue to cover all of the three Projects, the Mayor was requested to prepare a letter to be sent to all free-holders in , tlantic Beach, giving detailed information regarding all three Projects nr000sed to be covered by the Bond Issue . The Mayor stated that he would have such a letter ready for consideration at the regular meeting. There being no further ness . or onsideration , the meeting was adjourned. IA liir.� 4 ' \ 4IP President Atlantic Beach Town Council ' tteat •/ / "7 ‘ , T•wn C er 111