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12-07-37 v REGULAR MEETING OF THE TOWN COUNCIL OF ATLANTIC BEACH, FLORIDA, HELD TUESDAY, DECEMBER 7, 1937, AT 8 O 'CLOCK P. M. AT THE TOWN HALL. PRESENT: J. C . Outler C . C . Howell, by proxy C . C . Howell, Jr. Brooke G. dhite G. L. Rosborough _ayor Geo. U. Smith also was present. The Clerk read the minutes of November 2, 1937, which were approved as read. Upon motion of '_'Tooke G. 'hite , seconded by G. L. f osborough, put and carried, the following bills were approved and ordered paid : Ocean Reaches Lumber Co. , Six Cement " 1.30 Towers Hardware Co. , - Pitch Fork, Florence Heater etc . 1E.65 Jason Lumber & Sup. ly Co . , - '.'.eed Cutter - Push Cutter,etc .4.40 Harley-Davidson Sales Co. , - .:pork ont,otor Cycle 15.80 I. R. Vellington - Survey to determine encroachments,etc70.00 Home Utilities , Inc. , Street Light - '1.56 Town Hall " - 2.00 3.65 Shell Petroleum Corp. , - Gas and 011 9 41 • The Texas Co. , - Gas and Oil 2.74 So. Bell Tel. & Tel. Co. , Monthly Bill 5. 15 Orange State Oil - Gqs and Oil 14.74 Cohen Brothers - Office Supplies 1.90 Neptune Volunteer Fire Dept. - 1 fire Bellamy Home 25.00 C . C. Howell, Jr. , Attorney - Attendance Nov.. 2 5.00 '1;174.74 Mr. Osborne submitted his usual financial report which was read , approved and ordered filed. Mr. Rosborough called attention to the fire- hydrant irehydrant at 13th Street which had frozen and burst. After dis- cussion, on motion of P:'_r. .r.ite , seconded by Mr. Rosborough, it was agreed that it wouldbe replaced by the Town as soon as the present cold weather is over and danger of further freeze has passed. Mayor George H. Smith made a report of his attendance at a meeting of certain Ocean Front Property owners at the Barnett rank Building, at Three P. M. , November 6th, at which time and place a few of the Ocean Front Property owners had met in protest against the interest obligation on Seawall assessments and certain alleged inequitable allocations of costs of the Seawall. Hr. Smith touched on the sense of the meeting and then called on Mir. E. P . 7arwald who had come to the ouncil meeting , to explain the complaints of the "Committee ." Mr. Earwald made a very clear statement concerning the matters it was evident the Committee had complained about. The Chair, in reply, thanked Mr. Barwald for his having come before the Council and explained that Mr. ar- _,� wald 's visit is the first to come from the "Unknown Committee . " Outler expressed the sense of the Town Council in the matter, that this Council had inherited the Seawall Account from a pre- vious administration; that Competent Counsel and a Certified Public Accountant had been employed by the Council to work out a final and corrected audit and if there were matters in the December 7, 1937 - 2. final report which did not appear to be correct that the Council would have welcomed any constructive suggestions and criticisms had they been property presented as has now been done by Mr. Barwald. Mr. White , Chairman of the Finance Committee , expressed some doubt as to the matter of the "7,120.00, donated by Duval County to build ramps and suggested that the matter be referred back to the .:'uditor asking that he, the Auditor, find out all he could about this , the reason for applying it as he did and stated that he expected to get in touch with Mr. James , the Auditor. There was considerable discussion relative to all of these matters as well as to the validity of charging 1% per month penalty on Seawall assessments and Mr. Howell's opinion, off-hand, was that the 1% per month penalty after delinquency is mandatory. The following motion war made by 'r. Fosbor- ough, seconded by Ivir. ',I-lite, put and unanimously carried: BE IT RESOLVED BY THE TOWN COUNCIL OF ATLANTIC BEACH that the Council do, and it hereby does , authorize the Chairman of the Taxation Committee to confer with Mr. R. 7. James , Special Auditor, in reference to the allocation of monies received from Duval County, Florida, -hich was applied to the Town 's Share of the Seawall Construction, and, BE IT FURTHER RESOLVED that should it be determined that adjustments are indicated and in case new assessments are to be set up that such adjustment be reflected in future payments, beginning June 1, 1938, through and including the nineteenth installment. BE IT FURTHER RESOLVED that the date of delin- quency on the Third. Installment on account of Seawall consCruction, assessed as of June 1, 1937, be and the same is hereby declared as of February 1, 1938, and that no penalty be charged until that date , and, BE IT FURTHER RESOLVED that in the matter of in- terest to be charged on the unpaid balances on account of the Seawall Construction account, it is the finding of the Town Council, upon advice of its Counsel, t hest the collection of 6% is made mandatory by an Act of the State Legislature and that pending a remedy by amendment to the -tate Law, that collection of the full amount of interest be insisted upon with the provision that the differ- ence between 6% and 4% be set up as a tentative credit to the account of the taxpayer making pay- ments to be either rebated if and when remedy is obtained or applied to the reduction of future pay- ments of the Taxpayer involved. Mr. Ihite stated that he desired to make a fur- ther statement in reference to this matter. His statement is as follows : "It has been the idea of this Council to adjust thesethings in an equitable manner; we have employed competent Couhsel and Special Auditor - we have had no assistance from those who have complained. It has been our purpose to do the right thing; what we are do ng at this time is according to the way we think it should be done and it would have been done in due course, regardless of whether or not there had December 7, 1937 - 3. been any complaint or so-called complaints . We are doing this for that reason and would have done it regardless of whether or not the various owners complained. That is the reason I voted for it ." Mr. white requested that the Council go on record as requesting of this "Committee" that they take the matter before the next Legislature for correction at no cost to the Town. By unanimous consent Er. Barwald was authorized to obligate the Town to the extent of '20.00 in the matter of securing from the Tax Assessorts office in Duval County infor- mation concerning the County valuation in improved property in Atlantic ''each, the purpose of which is to estqblish a like assessed valuation for future tax purposes . Upon motion of Yr. White , seconded by Mr. Rosborough, the Clerk was directed to correct the assessment on the records of C . P. McLain, Lot 18, Atlantic Peach Terrace , by striking therefrom any assessment for improvements on buildings . Mr. Parwald reported that the complaint of Mr. R. R. Milam regarding the assessment on ' is railroad right- of-way property had been amicably adjusted for the current year, further adjustments to be made on the next assessment roll. The Clerk read a letter from Yr. William Rogers in which he requested, under date of November 24, an indication from the Council as to their attitude in reference to any possible future reductions in seawall construction account '_y virtue of grants , rebates , etc. , by the government. Thereupon, Mr. osborough introduced the following resolution, which was seconded by Mr. White , and passed; RESOLUTION Whereas , there stands assessed against the Ocean 'Front Property Owners in the Town of Atlantic Beach, Florida, aSpecial Assessment known as "Special Assessment for Seawall Construction", on account of the construction of a concrete seawall by Public Works Administration of the Federal Government, P. W. A . Docket 962, a total amount equal to 33% of the total cost of the construction of the said sea- wall, which total cost has been equally distributed between all of the Ocean Front Property Owners, accord- ing to the front footage and divided into nineteen equal annual installments , and Whereas , certain of the said Ocean Front Property Owners have paid their total assessment and it appears that others will do likewise, and Whereas , there is a possibility that the Federal Gov- ernment might , in the future , extend further grants, rebates or refunds on the Project qs a whole, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF ATLPYTIC BEACH, FLORIDA, that this Council do, and it hereby 000es , avree that in the event of such further grants , rebates or refunds on the part of the Federal Government on the Project as a whole, the said Town shall, as soon as a new cost of the said Project shall have been determined, return to those aforesaid Ocean Front Property owners credited with the payment in full of the total amount of their special assessment for the said seawall construction as theretofore calculated, December 7, 1937 - 4. a sum equal to that amount by which their former proportionate share of the total assessments levied for the payment of the seawall bonds was reduced by the application of such aforesaid and subse- quent Federal Government grant or rebate to the reduction of the total cost of the said Project; and in like manner, shall there be refunded to any such aforesaid ocean-front property owner who has , on the basis of the Special Assessments as they now e ist of record, paid a portion but not all of those aforesaid nineteen equal annual install- ments chargeable to his particular property, a sum equal to the number of the said annual installments actually paid by him multiplied by the amount of each of the future annual installments is diminished and lessened as a result of the application and use of the above mentioned Federal Governmental grant or rebate to reduce the total cost of the said Project. BE IT FURTHER RESOLVED that no person, firm or cor- poration will be eligible as a recipient of any above contemplated rebate or refund on the part of the said Town unless such person, firm, or corpora- tion did, while the record owner of ocean front property specially assessed for the construction of the said Project, and prior to the grant , re- fund, or rebate on the municipal indebtedness now existing by virtue of such construction, pay or cause to be paid some or all of the said assess- ments charged against the said property. The Chair read a letter from Gen. Sumter Lowry, Jr. , regarding the interest on seawall account. The City Super- visor was instructed to make reply thereto, advising in sum and substance the information set forth in the resolution concern- ing the seawall set out above . The Chair called attention to a letter from the Director of Public `.'corks Administration concerning a report of financial status of the Town. The City Supervisor was instruct- ed to complete this report . By unanimous consent the use of the phrase "Seawall assessment for street ends" will be discontinued on all tax statements and receipts and the phrase "Seawall assessment - Townts Share" be used hereafter. The City Supervisor was directed to purchase ten "Red Comet" fire bombs . The City Supervisor was allotted up to ' 100.00 for street repair and street cleaning work during the month. The matter of light poles belonging to the City of Jacksonville which constitute traffic hazards in the streets was discussed and. it -vas decided that the Town Attorney address a letter to the Light Department or proper official asking that they be removed, the City Supervisor to furnish T:"r. Howell with full information concerning the poles to be moved. Upon motion of Yr. Mite , seconded by Yr. Rosborough, the Mayor was requested and the -own Clerk in- structed to complete the signing of the papers in connection with the transfer of the Salt Air well from Salt Air Holding Co. , to the Town. December 7, 1937. - 5. Upon motion of Mr. White , seconded by Mr. Ros- borough, put and carried, the following resolution was unani- mously adopted : BE IT RESOLVED BY THE TOWN COUNCIL OF ATLAI`TIC BEACH that it do and hereby does , direct and authorize E. J. Candee , Town Clerk of the Town of Atlantic Feach to deliver to C . C . Howell, Jr. , Town Attorney, in and for the algid Town, copies from the assessment rolls thereof of assessments on the property of M. W. Darwald, Mrs. Rosa M. Clarkson, H. P. Meyerson, Fred L. Mullikin, Chas. E. Pelote , R. W. Perdue, Rosalie 's Dress Shop, Inc . , Adolph Rothman, R. E. Sugg, The Mandalay Corporatiion, Atlantic Beach Improvement Co. , Chalmers D. Horne , Presi- dent, to be used in foreclosure proceedings thereon, as by e Statutes in such cases is made and provided. The City Supervisor presented the maps prepared by I. R. ' ellington showing a survey of the area of the Town be- tween the west side of Ocean :'oulevard and the Ocean Front on which is indicated all encroachments in the Town. The City Super- visor was directed to prepare a letter to each and every property owner where an encroachment is indicated, the extent of such en- croachment and a letter acknowledging the encroachments to be signed by the property owner and returned to the Town, the letter to be submitted to the Town Lttorney for his study before being mailed. The matter of the burst fire plug at the corner of 13th St. and Beach Ave. , referred to in the early part of the meeting was again raised and after further discussion, the City Supervisor was directed to write the Home Utilities a letter stating that "after further study, and upon the advice of the Town Attorney, the Council has reached the conclusion that the Council is not authorized to spend public funds for the repair of private property and that inasmuch as this plus is a part of an established public utility that the Home Utilities are expected to continue to maintain the plug in the usual manner. " The Chair presented the natter of the TPA pro- ject for the construction of a Municipal Building and Auditorium, entitled an Ordinance providing for an election by the Qualified Voters of the Town to Atlantic Beach to approve a bond issue to oover the Sponsor 's donation for the completion of a '"PA project to erect a Municipal Building and Auditorium and to provide for the issuance of such bonds , their validation and conversion, which upon motion of Mr. Mite , seconded by Mr. `Thompson, was put and unanimously passed on first reading. Upon motion put, seconded and carried, same was passed on second reading. It was then referred to Laws and Rules Committee . A motion was made by Mr. :':bite , seconded by Mr . Rosborough, put and unanimously carried that the January meeting be held on January 11th, 1938. Upon motion of Mr. Howell, seconded by Mr. Rosborough, put and carried an Ordinance entitled "AN ORDINANCE Providing for the Payment of License Fees and Fixing the Amount of such License Fees to be Paid by Persons , Firms , Corporations and Associations to Engage in or I`anae any Business , Profession or Occupation in the Town of Atlantic Beach" was put and unani- • mously carried upon third and final reading. Upon motion of Mr. Dowell, seconded by Mr. Rosborough, an Ordinance making Certain Rebates to Owners of Property Specially Assessed for the Construction of the Atlantic Beach Seawall, was put and unanimously carried on third and final reading. December 7, 1937 - 6. There being no further business for con- sideration, upon motion put , seconded and carried the meeting adjourned . Correct :- President. Attest :- ' / 0.rnc4 � C :rk. •