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03-08-37 vREGULAR MEETING OF Te'Wii GuUi CIL OF ATLANTIC Bla.Cli HELD TUESDAY, MALCH EIGHTH, 1937, SIGHT O' CLOCK, P . M. AT THE TO'"N HALL. PRESENT:- J. C. Outler, President of, Council, Brooke C . White, Jr. G. L. Rosborough E. H. Thompson. George H. Smith, Major, also was present . The meeting was called to order by 1r. J. C. Outler, President. The Clerk read the minutes of the meeting of February second, which were approved as read. Upon motion of Mr. Rosborough, seconded by Mr. Thomp- son, put and carried, the following bills wer3 approved and au- thorized paid:- Harry I. ' Thrubshaw, change safe combination 2.50 Clifford A. Payne Co. , Inc. Prop. Dam. Truck & Motor Cycle 77.00 Fire & theft Truck 31.30 108.30 Mason Lumber & Supply Co. , 8 bags cement for streets 5.20 Ford Shop, R. M. Stanford, Mgr. on a/c 5th installment 6.33 H. & W. B. Drew Co. , Office supplies 2.50 Shell Petroleum Corp. , Gas & Oil 1/20/37 to 2/26/37 25.42 Ocean Beach Hotel Co. , Street light . . .$1.52 Town Hall " . . . 1.02 2.54 Harley- Davidson Sales Co. , 1 case oil, aotor-cycle 6.95 Texaco Station, Tire repair 2.00 Beach Plumbing & Electrical Co. Light bulbs, holder, etc1.00 C. C. Howell, Jr. , Commission on collections (Taxes) 26. 10 188.84 A motion was made by Mr. Rosborough, secondee by Mr. White, put and carried„that J. R. Jarboe, be allowed $5.00 per week for four weeks, for police work done during disability of marshal Russell, and that Clerk issue warrant for $20.00 in favor of said Jarboe. A motion was made by Mr. Rosborough, seconded by Mr. White, 1,ut and carried, that J. L. Russell, marshal, be reim- bursed to the extent of $30.00 for the destruction of his uni- form. A motion was made by Mr. Rosborough, seconded by Mr. shite, put and carried, that the salary of the marshal for the month of March, be $115.00 the amount of said salary to be de- signated from month to month. The Clerk read a letter from Mr. Harvey Mabry, former Town Atty. Re- his bill for fees which upon motion of Mr. Ros- borough, seconded by Mr. White, put and carried, was ordered filed for information. motion ykas made by Mr. Thompson, seconded by Mr. White put and carried, that a letter of thanks and appreciation be drawn up by Mr. C. C. Howell, Jr. , and sent to Mr. R. R. I:iilam, in gratitude for his fine work, Re- roping off the beach. Upon motion of Mr. Thompson, seconded by Mr. White, put and carried, an ordinance changing names of divers streets in the corporate limits of the Town of Atlantic Beach, Fla. was pas- sed on it' s third andfinal reading. A motion was made by Mr. Thompson, seconded by Mr. Ros- borough, put and carried that an ordinance regulating the Use of Aeroplanes and Heavier than Air Crafts within and above the Cor- porate Limits of the Town of Atlantic Beach, Fla. and Prescribing Certain Penalties for the Violation thereof, be passed on it' s first reading. A motion was made by Mr. White, seconded by Mr. Rosbor- ough, i,ut and carried that an Ordinance regulating the use of aero- planes and Heavier than Air Crafts within and above the Corporate Limits of the Town of Atlantic Beach, Fla. and Prescribing Certain Penalties for Violation thereof, be passed on its second reading, by title. A motion was made by Mr. White, seconded by Mr. Thompson, put and carriedthat an ordinance Regulating the Driving of Motor Vehicles Within the Corporate Limits of the Town of Atlantic Beach, Florida and Prescribing Certain Penalties for the Violation Thereof, be passed on it' s first reading. A motion was made by Mr. Rosborough, seconded by Mr White, out and carried, that an Ordinance Regulating the Driving of Motor Vehicles Within the Corporate Limits of the Town of Atlantic Beach, Florida and Prescribing Certain Penalties for the Violation Thereof, be passed be passed by title on it' 3 second reading. At the request of the Town Attorney, a resolution was in- troduced by Mr. Rosborough, seconded by Mr. Thompson, and adopted that permission be given Mr. Howell, the Town Attorney, to insti- tute a suit in the name of the Town of Atlantic Beach, for its own use and for the use of J. L. Russell, against John Santos Carinhas. A motion was made by Mr. Rosborough, seconded by Mr. Thomp- son, ',Tit and carried that a new Harley- Davidson motor cycle on cash basis be purchased for $430.00 with 2% off, whici makes cash price $421. 40 for which Clerk is authorized to draw warrant. The Clerk was instructed to return to Clifford A. l yne, Co. Inc. , Standard Marine Ins. Co. Policy #A-20215, covering motor cycle and ask them to cancel same of date Feby. 7th, and send credit memorandum for it and to return Columbia Casualty Co. Policy #CUC-197432 covering old motor cycle and ask them to rewrite on pro-rata basis covering new motor-cycle #37-UL-3438. Mr. Smith, the Mayor, read a message detailing a plan vTh.ereby a directory of all of the Beaches could be secured, which was referred to Mr. White for investigation and report back to the next meeting of the Council. Mr. Smith, the Mayor, submitted a suggestion that the Town look into the possibility of obtaining relief from the Fed- eral Government on the seawall, which was referred to Mr. Howell, Chairman of the Law and Rules Committee, for his report. The Clerk called attention to the fact that the windows at the Town Hall had not been cleaned for over a year and that same were badly in need of being cleaned, whereupon this matter was referred to Mr. E. H. Thompson, Chairman, Public Works Com- mittee with aut'.ority to act. The Clerk called attention to the urgent need of an ad- ding machine for use of the Town and this matter was referred to Mr. Brooke G. White, Jr. for investigation and recommendation. Upon motion of Mr. Thompson, seconded by Mr. Rosborough, put and carried, the hiring of a colored man to assist Norris War- ren on the Town truck, in order that coquina might be gathered and spread on the street ends, where needed, the pay of said helper to • be $1.75 per day and the time employed to be according to the need, was authorized. A motion was made by Mr. White, seconded by Mr. Thompson, put and carried, that the Laws and Rules Committee, submit to the Council, for their consideration and approval, a franchise for lights and water, suitable for presentation to Mr. Adams. March 8, 1937 Page 3. The Chair requested that the following communication from Federal Emerbency Administration, be incorporated in the minutes and is as follows:— f FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS 0.-WASHINGTON,D. C. February 26, 1937 IN REPLY PLEASE REFER TO t 2'r, ADMIN. AJP:WJS:ac Docket No. 962 Mr. J. C. Cutler, President, Town of Atlantic Beach, Atlantic Beach, Florida. RE: Sea 'Fall Docket No. 962 41 My dear Mr. Outler: The Federal Reserve Bank of Atlanta has been instructed to cancel and forward to the Town of Atlantic Beach $26,000 principal amount of Seawall Bonds, $11,000 with no coupons attached and $15,000 with April 1, 1937 and all subsequent coupons attached and $2,840 coupons due October 1, 1936 attached to Seawall Bonds. This transaction, which represents final payment of the grant on this project, is detailed as follows: Amount of grant payable 29,974.11 Bonds to be cancelled 26,000.00/ Coupons to be cancelled 2,840.00/ Interest on above bonds arr coupons October 1, 1936 to December 10, 1936 221.11v/ 29,061.11 Balance of grant paid in cash 91300 , Interest has been charged on the bonds and coupons to be cancelled from the last interest payment date to December 10, 1936, which is the date of determination of the amount of grant payable by bond and coupon lit cancellation. This method of computing interest is in accordance with the decision governing all bond and coupon cancellations. The enclosed check for $913.00 is to be deposited in the interest and. bond retirement fund and used for the purposes specified in the Loan and Grant Agreement. You are requested to forward to this office certification of such deposit. If the Town desires to use the above funds to purchase the bonds still held by the Public Works Administration, it is requested that you so advise Mr. B. W. Thoron, Director, Finance Division, Public Works Administration, 'ilashington, D. C. Sincerely yours, J. . 4, Enclosure Executive Off r, cc -- Mr. J. E. Cotton, A.S.D. (Florida) For the Administrator. A motion was made by Mr. White, seconded by Mr. Rosbor- ough, put and carried, that the resolution and Bill which follow, be sent to Senator J. Turner Butler, and to each of our Legislative Rspresentatives to wit:- Hon. W. A. Stanly Hon. W. JicL. Christie, Hon J. M. King, in order if the passage of this Act is put thru the Legislature it may remedy the technical irregularities facing the matter of taxes for years 1929 to 1935, inclusive. A BILL To Be Entitled:- An Act legalizing, validating and confirming the taxes and the assessments and levies thereof of the Town of Atlantic Beach in the State of Florida, for each of the years 1P29, 1930, 1931, 1932, 1933, 1934 and 1935 and all tax certificates of said Town for said years, now held by sa id Town unredeemed. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: SECTION 1; That the taxes and the assessments and levies of taxes made by and as in and upon the tax assessment rolls and other official records of tl- ) Town of Atlantic Beach for the years 1929, 1930, 1931,, 1932,, 1933, 1934, &19N5_ & the tax ce!_tificates is- sued ther-;on to and now held by said- Town unredeemed, and all pro- ceedings done, taken or had in connection with said taxes, said assessmentssaid levies and said certificates for each of the said years, are hereby severally ratified, legalized and confirmed and made and declared valid and of full force and effect in every respect and binding both at law and in equity. SECTION 2: If any taxes due by any tax payer for any of said years, shall be paid by him, her or it, within ten days after request therefor by the Town Attorney, no interest upon such taxes so paid shall be collected or demanded, and upon the payment of the principal amount of such taxes the Town Clerk shall issue and deliver to such tax payer a receipt in full for such taxes. SECTION 3: This Act shall take effect immediately upon it ' s passage and approval by the Governor or upon it' s becoming a law without such approval. WHEREAS, in attempting to enforce payment of certain delinquent taxes for the years 1929 to 1935, both inclusive, the Town Attorney has ascertained, and has advised the Council, that legal enforcement of said taxes is impossible because of technical omissions or inaccuracies which occurred in the levying or assessing of said taxes; and WHEREAS, nevertheless in each of said years (a) notice was given as requiredby the City Charter that the assessment roll had been submitted to the Town Council by the Town Tax Assessor and would be considered by the Council on a date certain, on which date all persons owning property described upon said roll were given opportunity to object to any assessment thereon appearing; (b) pur- suant to such notice the Town Council did sit and equalize the taxes assessed upon said roll, and did hear and consider and determine every complaint made to them by any tax payer; and (c) the said roll was adopted as the tax assessment roll of the Town of Atlantic Beach and the rate of taxation was determined by the City Council, but by resolution or motion insteac of by ordinance as required by the Town charter; and WHEREAS, most of the tax payers of said Town have paid for each of said years the taxes thus assessed upon and against 410 property owned by them, but some tax payers have omitted and failed to pay, with the consequent result that; the tax payers who have t` us paid have borne all the expense of the Town government and the tax payers who have so failed and omitted to pay have received the same benefits and advantages without cost or expense to them- selves,and thereby the loyal tax payers have been discriminated against through no fault of their own or of the present members of this Council; NOW THEREFORE, BE IT RESOLVED BY THE TOT COUNCIL OFTHETOWNOFATLANTICBEACH, FLOI:ID.:• That the TTonorable J. TurnerButler, our State Senator, and our State Representatives the Honor- ables 1VJ. A. Stanly,IvlcL. Chriwtie and J. L.. King, be and they t- hereby are, respectfully requestea to introduce in the coming ses-sion of the Florida Legislature, and to secure as quickly as maybe, the passage of an Act validating said taxes and the levyingandassessmentthereofinsuchformasthatwhich, for the conven-ience of our State Senator and Representatives, is hereto attached s a part of this resolution. There being no further business for consideration, upon motion put, seconded and carried, the meeting adjourned Cori; President, Correct :- er .