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10-05-37 v REGULAR MEETING OF THE TOWN COUNCIL OF ATLANTIC BEACH, FLORIDA, HELD TUESDAY OCT. 5th, 1937, AT 8 O' CLOCK P.M. PRESENT:- J. C. Outler, E. H. Thompson, Brooke G. White, Jr. , G. L. Rosborough. Mayor Geo. H. Smith also was present. Likewise C. C. Howell, Jr. , Town Atty. was present. The minutes of the Regular Meeting of Sept. 7, and the Equal- ization Board Meeting, same date, and also Special Meeting of Sept. 15, were read and approved as read. The Clerk read the following bills: - Beach Plumbing & Electrical Co. , 80 ft - 1/2 in. pipe, used in Street marker work $ 6.80 H. & B. Drew Co. , office supplies 27.83 Ocean Beaches Lumber Co. , File, hinges, cement 2.78 Ford Shop, A. A. Bergson, Mgr. , work on truck 7.00 The Texas Co. , Gas & Oil, 8/25 to 9/18 , $24.88, less Federal tax return. of $1.05 23.83 Shell Petroleum Corp. Gas & Oil, 7/26, 27, 28 8.55 Harley - Davidson Sales Co. , Work on Motor Cycle 23.45 Pascoe' s Garage, Work on Town Truck 2.50 C. C. Howell, Jr. , Legal services 21.50 X124.24 After consideration of the above named bills, Mr. Brooke White, moved that all bills be paid in full, except the one submit- ted by Mr. James, Special Auditor and that the sum of $50.00 be paid on this bill at this time and that Mr. James be advised that the bal- ance would no doubt be cared for at an early date. The motion was seconded by Mr. Thompson, put and carried. Mr. I. R. Wellington, presented for approval, a map of his recent survey to establish permanent markers for street inter- sections. He explained the work that had been done. Upon request of the Chair, Mr. Wellington is to furnish an estimate of the cost of ` the work of determining all encroachments. Upon motion of Mr. Rosborough, seconded by Mr. White, the map submitted by Mr. Wellington was accepted and ordered approved. After signature by the President of the Council and the Town Clerk, Mr. Wellington took the map for the purpose of having three blue prints made of it for future use by the Town. Mr. Rosborough moved the payment of the balance due Mr. Wellington ($217. 50) which motion was seconded by Mr. White, and unanimously passed. The Clerk read a letter addressed to Lir. C. C. Howell, Jr. , Town Attorney, by Mr. Louis S. Joel, Attorney for Mr. Weiss, claiming damage on account of a slight collision between a car driven by his son and the motorcycle of the Town Marshal, Mr. Russell, The Marshal was called on for an explanation of the accident and after the explanation it appearing that the driver was in violation of law at the time of the accident, driving in a fast, reckless and careless manner, on motion of Mr. White, seconded by Mr. Thompson, the Council • disclaimed responsibility and instructed the Town Attorney to so advise Mr. Joel. The Clerk read a letter from Col. Gilbert A. Youngberg, making inquiry as to the status of his seawall assessment. The Chair instructed the City Supervisor to address a letter to Col. Youngberg in reference to this matter. The Clerk read a letter from Mr. R. R. Milam, complatn- ing of the high assessment on lots in the Atlantic Beach Parkway and asking for relief. Upon motion. of Mr. White, seconded by Mr. Thompson, the City Supervisor was instructed to forward a copy of this letter to Mr. Barwald, Tax Assessor,for study, analysis and recommendation. The City Supervisor was instructedto ac- knowledge the letter and to advise Mr. Milam that the matter will have whatever attention is possible under the circumstances. The Clerk read a letter from Mr. Harcourt Bull, asking further concessions in behalf of the Salt Air Holding Co. , by further exchange of taxes in an additional sum to that set for the purchase price to be paid for a well in Salt Air. The matter was thoroughly discussed and it was decided that such a concession would be a pre- cedent the Council does not wish to set in the matter of rebates on payment of delinquent taxes. The City Supervisor was giver a gen- eral outline for a letter to be addressed to Mr. bull, refusing any further consideration in this matter, which letter the City Super- visor is to prepare for the signature of the Town Clerk. It appearing that in response of a letter addressed to the various and sundry property owners along East Coast Frive in which the Town requested the said property owners to give five feet off their property in order to widen the East Coast Drive, much opposition had developed to building a wider road by the County. Upon motion of Mr. Brooke White, seconded by Mr. Thomp- son, the Council agreed to abandon further efforts in this direc- tion. The motion of Mr. White provided for an effort to substitute for the East Coast Drive, another route, to wit, Atlantic boulevard via Sherr;j Drive to the Plaza, there e along the Plaza to East Coast Drive and thence along East Coast Drive to Sixteenth Street. In this connection and pursuant to Mr. White' snnotion, the Chair direct- ed that the City Supervisor prepare a letter advising the hoard of County Commissioners and County Engineer of this action, explaining the reasons for the change and strongly urging that the other Route be considered at this time. After thirdand final reading, upon motion of Mr. Rosborough seconded by Mr. White, an Ordinance Amending Ordinance No. Entitled " AN ORDINANCE Regulating the Driving of Motor Vehicles Within the Corporate Limits of the Town of Atlantic beach, Florida, and. Pre- scribing Certain Penalties for the Violation Thereof" , was unanimously passed. After third and final reading, upon motion of Mr. Rosborou gh, seconded by Mr. White, and Ordinance making it Unlawful to Manu- facture, Own, Store, Keep, Possess, Sell, Rent, Lease, Let, Lend, Give Away, Use or Operate Slot Machines or Similar revices Operated by by Coin or Otherwise, Defining Such Devices, Providing for Their Seizure and Destruction and Providing For the Forfeiture of Money and Other Things of Value Therein; and Prescribing the Penalties For the Violation of the Provisions of This Ordinance, was unanimous- ly passed. A discussion was had as to the status of the mortgage held by the Gulf Life Insurance Co. , on the Town Park. City Supervisor Frazier was instructed to get all of the facts in connection with the stag's of this mortgage and report his findings. Mr. Brooke G. White raised the question relative to dis- counts on early payment of taxes. The Town Attorney was called upon to explain the law in reference to this matter and stated that • there is no legal basis fora discount but that on the other hand taxes that are not paid within ten days after• posting of final notice by the Town Clerk of the Completed assessment roll and tax rate, that taxes remaining unpaid are subject to interest at the rate of 12% per annum. It was decided to defer the collection of interest until Jan. 1, at which time delinquent taxes become sub- ject to 3; interest. UCL. 0, 1`. 6b Page #3 Upon motion of Mr. Rosborough, seconded by Mr. White, put and carried, Mr. J. C. Outler was re-elected President of the Council for the ensuing year. Upon motion of Mr. White, seconded by Mr. Thompson, the matter of the marshal' s salary for the winter months was left to Mr. Rosborough, Chairman of the Police Committee. The matter of Overhauling the motorcycle was also left to the discretion of Mr. Rosborough. The Chair called attention to the minutes of the meeting of Sept. 7th, 1937, wherein a letter from Chalmers D. Horne was read. The matter of restrictions on Lots 1, 3 and 5, Block 1, was referred to the Town Atty. for his attention and for him to prepare a letter to be sent Mr. Horne. The letter having been prepared by Mr. Howell and sent to Mr. Horne by the Clerk, a copy was ordered spread upon these minutes. Mr. Chalmers D. Horne, P. 0. BOX 5006, Jacksonville, Fla. Re: Building restrictions on Lots 1, 3, & 5, in Block 1, Atlantic Beach, Dear Mr. Borne:- Florida. Replying to your latter of the 25th Ultimo, relative to the above styled matter, may I on behalf of the Town thank you for having appealed to it in the face of such an emer- gency even though contingent. But, pursuant to special advice obtained herein from the Town Attorney, I must with reluctance advise that the Town has no authority for refusing to grant requests for building permits which do not reveal or contemplate anything in contra- ventivr. or violation of the provisions and requirements of the zoning ordinances. The problem as to whether or not the restrictions in the deed or deeds in question take precedence over the terms of the municipal zoning ordinance, is one upon which the Courts are not entirely in harmony. It does seem to be well settled, however, that the remedy of the grantor in such case ( if remedy there be) is against the grantee who breached or proposes Lo breach the r r strictive covenants in his deed. Unfortunately the municipality is in any event legally justified in enforcing only the provisions of it' s zoning law - - not a clause in the private deed of one of it ' s citizens. With renewed expressions of regret over the inability of the Town to comply with your request, and wishing for you a suc- cessful and speedy termination of your difficulties here, I am, e:th kind personal regards, Very truly ;,-.-urs, Town Clerk. The Clerk reported a complaint froe the restcents of the colored section regarding the road thereto ani. E letter from Mi'. Donner, owner of much of this property. The matter was referrC to Mr. Thom_pscn, Chairman cf Public Works, for his study and report. fh_ompson moved the passage on first reading, of an Ordinance Amending Ordinance No. , Entitled "AN ORDIPAIICE Pro- viding for the Payment of Licensees and. FixI_ng the Amount of such License Fees to be Paid by Persons, Firms, Corporations and . ,,ssociat;ons to Engage in or Maaafie any Business, P. cfession or Occupation in the Town of Atlantic Beach." The motion was seconded by Mr. White, put and carried. Same was put, seconded and carried on decode. reading. The Town Attorney presented a resolution as follows:- A Resolution Approving and Adopting the Preliminary. Special Assessment Roll of heal Estate Abutting the Seawall within the Corporate Limits of the Town of Atlantic beach, Florida, and Providing for the Publication and Final Confirmation Thereof. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF ATLANTIC BEACH, FLORIDA: Section 1. That Section of the "Report on Seawall Construction Costs and Proration of Costs" prepared by Certified Public Accountant , B. E. James and now on file in the public records of the Town of Atlantic Beach, Florida, and which section is par- ticularly definitized as being "Statement ' 5' Schedule of Abutt- ing Property Owner Assessments" , is hereby approved and adopted as the preliminary special assessment roll of all that real estate abutting and adjoining the seawall within the corporate limits of the said Town. Section 2. A copy of the said roll shall be immediate- ly published in conformity with those governing rules of proced- ure outlined in Section 7 - ' Chapter 16311, Laws of Florida, Spe- cial Acts of 1933, Vol 2, and subsequently thereto the Town Council of the said Town shall sit as the Board of Adjustment provided for by the said section, hear and if need be adjust all complaints as to the special assessments shown by the copies of the roll so pub- lished, and finally approve and confirm the corrected special ass- essment roll; all in form and manner as heretofore prescribed in the aforesaid Act . Upon motion of Mr. White, seconded by Mr. Thompson, the resolution was unanimously adopted. The City Supervisor was instructed to arrange for the advertisement called for by the above resolution. He was also instructed in the manner of preparation of this advertise- ment . Upon motion of Mr. Rosborough, seconded by Mr. White, An Ordinance Providing for the Determination and Abatement of Nuisances created by the Uncontrolled Growth of Grasses, Weeds, and Underbrush, and the Accumulation of Trash and Debris, within the Corporate Limits of the Town of Atlantic beach, Florida; and Prescribing Certain Penalties for the Violation Thereof: was pas- sed on first reading. Upon motion of Mr. hosborough, seconded by Mr. White, put and carried, the above motion was passed on second reading. Mr. Osborne, the Treasurer, submitted his regular month- ly reports, together with correspondence with the Federal Reserve bank of Atlanta in reference to the Seawall construction account. Mr. Osborne' s reports were received and ordered filed. Upon motion of Mr. White, seconded by Mr. Rosborough, the Treas- urer was instructed to retire bonds of the Seawall account if and when there is sufficient funds on hand do to do. Ther -; being no further business for consideration, up- on motion put , seconded and carried, the meeting adjourned. Correct :- PRESIDENT Attest : - erk.