01-16-36 v DEFERRED REGULAR MEETING OF THE TOWN COUNCIL OF ATLANTIC BEACH
HELD JANUARY 16th, 1936, AT 4 P . M. O' CLOCK AT THE TOWN HALL
4/11P
Present:
Lawrence K. Tucker, Jr.
E. H. Thompson
J. M. Bradfield
The meeting was called to order by Mr. Lawrence K.
Tucker, Jr. , President.
The Clerk read the minutes of the meeting of December
17th, which were approved as read.
Upon motion of Mr. Bradfield, seconded by Mr. Thompson,
put and carried, the following bills were approved.
H. B. McDaniel, - work on Town Truck $7.50
H. & '4;'. B. Drew Co. Office supplies 1.90
IIP Ocean Beach Hotel Co. 3 mos. light
3 mos. water 11037
Norris Warren - Bridge toll for taking men
to town to get cards (Beau-
tification) .70
R. E. Sugg - Gas and Oil (Truck) - - - - 55.64
Dekle Lumber Co. For beautification and Park
work 2.14
Hills & Youngberg Re-imbursement for letter
Service Cp. 100 circular
letters on special assess-
ment for Seawall project - 1.50
MTU:75-
A
-
A motion was made by Mr. Bradfield, seconded by Mr.
Thompson, put and carried, that the bill of Hills and Youngberg,
as follows, covering services of C. E. Richheimer for inspection
of Seawall work Dec. 20, 1935 to Jan. 6, 1936, inclusive -$135.00
and covering stenographic services amount of 14.70
Also postage, telephone calls, stationery, etc. 4.,67
Travel expense, making inspection trips c 17.50
Total $161..817
be paid out of funds of contractor and said amount shall be
deducted from final payment to contractor.
A motion was made by Mr. Bradfield, seconded by Mr. Thompson,
put and carried, that the Treasurer, Mr. M. V. Osborne, pay $100.00
on the principal of note given by the Town to B. B. McCormick & Soft
Inc., for x"425.00, together with accrued interest, which note has
been hypothocated to the Barnett National bank.
Col. Youngberg submitted a seawall rep ort for Hills and
Youngberg, Engineers, which on motion of L":r, Thompson, seconded
by Mr. I3radfield, put and carried, was uanimously accepted and is
in words and figures as follows:
4111
4441.4,40It Mir"
I , C. F. Oesterreioher
__ ,hereby cerfity that I am .• , . •
iiiiik
INAMAttAkAiiiiERViiiindiWWwoCtWxmAxt
47(1,41241017e11WWWWerix
aodrdalme outoomc qualified and sufficiently informed to make a true and
accurate statement regarding the financial condition and status of
accounts of C. F . Oesterreicher
I certify that C. F. Oesterreicher entered into sub-contract with
North American Construction under date of March 20 , 1935 in connection
with the construction of the Atlantic Beach Seawall and Ramps , this sub-
contract comprising the following work: Build complete the two reinforced
concrete ramps in accordance with the stipulations of said sub-contract.
I furth 1 certify that C . F. Oesterreioher has paid all just and
lawful bills for labor, material and rental of equipment directly empl•
in the prosecution of this work under this sub-contract with the North
Lmerioan Construction Company , including all extra work authorized in
connection with the oonstructi )n under this sub-contract , the nature of
the work being the construction of Atlantic Beach ;seawall and Ramps
P. 4.A.Dooket No.962 , under general Contract of North American Construction
Company.
I further certify that C.F. Oesterreiohe r has no outstanding
indebtedness in connection with the work aforesaid resulting from unpaid
ins ran ce premiums , bond premiums , demurrage charges , freight charges
and/or any other debt incurred by the said Sub-contractor in connection
with this work.
IN WITNESS Viii ;REOF I have hereunto placed my hand and the offi ' !�
seal of C .F_1naterreinher this 9*,hay of September A A .J.
C. F. Oesterreioher
By
,
STAPE OF FLORIDA
COUNTY OF DWAL
On this day personally appeared before me
C . F . Oesterreioher 1' r V. O " rreIch l i�
dP C• . O�sterreioh�r o me well kno n a s th e
person desoribed in and rho executed the foregoing instrument, and ack-
nowledged that he exeouted the same for the purpose therein expressed.
IN WITNESS WIHREOF, I have hereunt3 affixed by hand
and official seal , this 9th day of September A.D. 1935.
-- o ary 611. o
44.
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My '`omi, ss on Expires
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• Upon motion of Mr . Bradfield, seconded by Mr. Thompson,
put and carried, the following resolution was unanimously adopted:
WHEREAS, Hills and Youngberg, Engineers for the Town on the
project for. the construction of a seawall and ramps with appurtenant
structures, designated as Public Works Administration Docket No. 952,
have reported that the North American Construction Company, the
Contractor for the work, has competed the same in full accordance
with the terms and provisions of the contract and the appurtenant
drawings, plans and specifications, including all extra work,
changes, and additions as authorized by the contract and specifica-
tions and as ordered and/or approved by the responsible officers
of the Public Works Administration; and
WHEREAS, the Contractor has furnished evidence which is
satisfactory to the Town that he has paid, or will pay, for
all materials, labor andother obligations incurred by him in the
conduct of his work; and
WHEREAS, the Contractor, acting under instructions from the
representatives of the Public Works Administra tion, has submitted
411 his final statement of account; and
WHEREAS, we are informed that the District Project Agditor of
the Public Works Administration has made his final audit and has
submitted his report thereon to the princtipal Public Works
administration authorities in Washington; and
WHEREAS, the loan agreement and the regulations of the Public
Works Administration require that the Town shall furnish the
Engineer-Inspector with a certificate of occupancy to show that
the project has been satisfactorily completed and accepted;
NOV , THEREFORE, BE IT RESOLVED that the Town Council of
Atlantic Beach do and it hereby does declare and certify that the
p roject has been satisfactorily competed; and
BE IT FURTHER RESOLVED that the Town Council of Atlantic Beach
do and it hereby does accept the project; and
BE IT FURTHER RES0LVED that copies of this resolution be
transmitted to the District Project Auditor, the State Engineer,
410 the State-Engineer-Inspector and the Resident Engineer-Inspector,
all of the Public Works Administration.
Upon motion of Mr. Thompson, seconded by Mr. Bradfield,
put and carried, the following resolution was adopted:
WHEREAS, Mr. Harcourt Bull has offered to donate and convey
an attractive site for the proposed Beaches' High School, which
consists of lots 653 to 705, Saltair Subdivision, at this meeting
of the Town Council of htlantic Beach, it is resolved that the
School Board of Duval County be respectfully urged and petitioned
to carefully consider the advantages of the location offered.
AND NOW, as a further inducement for locating the school near
the geographical center in the territory the proposed high school
will serve and on the site offered, this body hereby offers to and
obligates the Town of Atlantic Beach to grade and hard surface
street entrances to the plot offered which would be entrances from
Sherry Drive, Atlantic Boulevard and Saltair Boulevard and would
aggregate approximately 1200 running feet, provided the school is
located on such site. This body also agrees to cancel any and
all outstanding Town Taxes assessed against the property, if it is
accepted.
The Town Clerk is directed to mail a copy of this resolution
to each member of the Duval County School Board and for the
information of the School Committee recently appointed by
the President of this Council, the clerk is also directed •
to mail a copy to each member of such committee.
The Clerk read a letter from Mr. C. H. Frazier applying
for position as Marshall which was referred to Chairman of
Police Committee for report and recommendation.
Upon motion of Mr. Bradfield, seconded by Mr. Thompson,
put and carried, it was unanimously voted to instruct the
Tax Collector to mail to each and every owner of ocean front
property a letter, as per copy attached hereto, setting forth
the facts bearing on the amount of their special seawall
assessment for the current year.
TOWN OF ATLANTIC BEACH
DUVAL COUNTY FLORIDA
January 8, 1.c. 36 410
To Owners of Ocean Front Properties :
Re : Special zissessment on l,ccount of Seawall.
Please be advised that the Public Works Administra-
tion has agreed to bear 30 per cent of the cost of the seawall.
This contribution is cov7Fe'd by a cash grant of $18,000 and
the cancellation of such part of the $150,000 of bonds voted
by the Town, and purchased by the Public Works Administration
as may be necessary to complete the said 30 per cent of the
cost. The balance of the bonds not cancelled will determine
the ultimate and correct assessment pe r foot of wall to be
made against property owners.
Unfortunately the Public Works Administration has10
not yet determined the full amount of this contribution, in-
cluding the grant and cancellation which is to be made in
favor of the Town. However, in view of conditions as they now
exist , it is necessary to make the first assessment herewith
on the basis of the full amount of bonds es voted by the Town
and purchased by the Public Works Administration.
In future years the assessment per front foot will
accordingly be lower than this first assessment . Property
owners will be given credit for so much of this first assess-
ment as may be in excess of the ultimate and correct annual
assessment as computed on that balance of the bonds which
shall eventually remain for amortization.
The law provides that any property owner may pay
his entire assessment in one lump sum, instead of paying; it
in nineteen annual installments . He will thus save the an-
nual interest charges on unpaid annua 1 assessments. However,
for reasons indicated above , it is not yet possible to determine
the amount of such lump sum payment.
•
This notice is issued pursuant to action of the Torun
Council of Atlantic Beach .
( Signed)
E. J. Candee ,
Town Clerk.
A motion was made by Mr. Bradfield, seconded by Mr.
Thompson, put and carried, that an ordinance affecting the
rights of the Southern Bell Telephone and Telegraph Co. ,
to operate within the Town of Atlantic Beach, a draft of
which ordinance is on file in the Town Hall, be referred
to the Public Works Committee for consideration and recommenda-
tion.
The Treasurer, Mr. Osborne, submitted his usual
financial report, which was ordered filed and a certified
statement of bank balance for Town of Atlantic Beach Regular
account, which is in words and figures as follows:
Jacksonville, Fla.
January 6th, 1936.
Chairman, Finance Cotmittee,
Town of Atlantic Beach,
Atlantic Beach, Fla.
Dear Sir:
V.e hereby certify that the balance standing to
the credit of the account of:
M. V. Osborne, Treasurer
As shown by our books at the close of business Dec. 31,
1935 was: Three Hundred one * 23/100- -(301.23)
Very truly yours,
J. L. Dart
Comptroller
There being no further b siness for consideration the
meeting adjourned.
Attest Correct
I Iainct
r
41 Clerk President
•
, , ` 114,(14--eAv.
A) - , hereto" certify that I am a duly
qualified aid acting officer of the Capitol Concrete Corpany
and that I am qualified and suffioiently informed to make a true and
accurate statement regarding the financial condition and status of accounts
of Capitol Concrete Company.
I certify that Capitol Concrete Company entered into sub-contract with
North American Construction Company under date of January 24 , 1935
in connection with the construction of the Atlantic Beach Seawall and Ramps,
this sub-contract comprising the following work: Furnish , deliver,
place , an.: strike off all concrete f'or seawall and ramps in farms of
the horth American Construction Company all in accordance with the sub-
contract .
I further certify that Capitol Concrete Company has paid. all Just
and lawful bills for labor, material and rental of equipment directly
employe: in the prosecution of this work under this sub-contract with the
North American Cor. struotion Co pany , including all extra work authorized
in connection with the eonstruotio ,i under this sub-oontraot , the nature
of the work being the oensl..ruotion of Atlantic Beach Seawall and Reims
P.W.A .Docket No.962 under general oontraot o f North Arn eri can Construction
Company.
I futher certify that Capitol Concrete Com2ac t has no outstand-
ing i::debtedness in conneoti i n with the -work aforesaid result in ; from
unpaid insurance premiums , bond premiums , demurrage charges , freight charge,
and/or any other debt incurred by the said Sub-contractor in connection
with this work.
F:t ;°/.1111`1E33 NHZaWF I have hereunto placed hand an tYpe o tfioial
seal of Calftol Concrete Company this day of _A.D.1935.
S.Ar_: OF FLORIDA ) --UHAW.F.CACt -
CaTTN1T OF DIVA L
City of Jacksonville )
•
On this day personally appeared before me 00-, a 'dat
of Capitol Concrete Com :any to me .sell Vow as the person_
-
cTesor1 ect in and who executed the Poregoi.ig instrument , and acknowledged
that he executed the same for the purpose therein exc,re :sed. ,�
I t • *I I: -a: EODF , I hay her unto affixed mf hind and *,
official seal , this , lay of ' A.a. 935.
bo tar �,,t.�
X17 gym-nc ' d .Lcy p140
-i_Y Tommi cai nn ..
FINANCIAL CERTIFICATE
of J. Olson £ Son in Connection with their
Sub-contract with North Amerioi.n Const. Co.
On the Atlantic Beach Seawall end Ramps
P.W.A. Docket No.962
STATE OF FLORIDA )
COUNTY OF DIVVAL )
Before the undersigned Notary Public in and for the
State of Flori as at :Argo , person:lly appeared B.D. Olson .iho being
by me first duly sworn deposes and says that he is one of the
partners of the co-partnership trading and doing business as
J. Olson 8: :ion and as auuh partner is duly authorized to make this
affidavit ; that on the oontraot work on the Atlantic :leach Seawall
J. Olson & ,,on were sub-contractors to North Americn Construction �
a ,
Company; that J. Olson 8, Son certify they have paid all Jtwt
and lawful bills for labor, material and rental of ago/puma directly
employed in the prosecution of the work under their sub-contract with
North American Construotion Company inoluding all extra work
authorized in aonneotiu a with the said work, the nature or such work
being construction of the ,+ tlanti o Beach :eaw•.11 and. Ramps, P.,/.A .
Docket No.962.
Re further oertifies that J. 01:4n & Son but rio out-
standing indebtedness in oonnecti4n with the work aforesaid resulting
from unpaid insurance premiums , bond. premiums , denurrr,ge charges ,
freight charges and/or any other sieb t inauryel by the said J. :;lson
& Son in connection with this work.
Alftaat
Sworn to and subs , bed before me
This �1 rh day of ,1- to ttr1/1 A.D.
1938.
/ ac-- c
ovary-rte a n anT "or he 5ta`ie a1"
, Florida at Large. 'lo'::_, Pub, :. State of Florida at Large
My Commission Expires Mar. 18, 1931
,9y commission expires
Ilkor
4
44 k
DRAINAGE I HILLS AND YOUNGBERG GEORGE B. HILLS
MEM.AM.SOC.C.E.
RAIL AND WATER TERMINALS Y
ENGINEERS -
RIVER AND HARBOR �
GILBERT A. YOUNGBERG
IMPROVEMENTS ^` 1604 LYNCH BUILDING
4 • COL.(ENGRS.)U. S.ARMY. RETIRED
SHORE PROTECTION u i`�' POST OFFICE BOX 36 -m MEM.AM.SOC.C.E.
WATERWAY DEVELOPMENTS �• ,..J �+f`
�i% • f/ JACKSONVILLE,FLORIDA TELEPHONES
1
INVESTIGATIONS AND
5-2365 AND 5-6273
REPORTS
: 11; January 13, 1936.
The Honorable Town Council,
Atlantic Beach, Florida.
Subject: Atlantic Beach Seawall and Ramps - PWA Docket No. 962
Re: Final Examination and Acceptance
Gentlemen:
1. In compliance with the provisions of section 49 of the specifica-
tions covering; the seawall project , we, as Engineers for the Town, have the
honor to report that we have made final examination with a view to formal and
final acceptance of the work by the Town Council and with a view to final
settlewent between the Town and the Contractor, the North American Construction
Company.
2. We report that a, so-called final inspection was made on August 10,
1935, by Mr. H. T. Cole, State Engineer Inspector for the Public Works Adminis-
tration, and that he approved the work as being substantially complete as a
seawall structure, with some work to be done to remedy certain minor defects.
In accordance with this finding, the Town Council at its meeting on October 18th
adopted a resolution instructing its Engineers to require the Contractor to
Proceed immediately to execute the work necessary to remedy the minor defects,
to-wit:
"(a) The removal of certain defective concrete and the
replacement thereof in the ramp at Fifteenth Street;
(b) The caulking of certain shrinkage cracks which have
appeared in the seawall;
(c) The replacement of steps damaged in the recent storm;
and
(d) An adequate examination of the toe of the superstruc-
ture and the joints between the panels of the cutoff
wall underneath the toe with a view to determining and
effecting suitable repairs to all joints which may be
found to be open to the detriment of the structure and
its protective functions."
3. We report that the work to remedy the defects above cited has been
done to our complete satisfaction. We further report that the nro.ie ct has been
completed in full accordance with the terms and provisions of the contract, and
r ' • .
The Honorable Town Council
January 13, 1936
Page 2.
the aprurtenant drawings, plans and specifl_cations, including all extra work,
changes and addtions as authorized by the contract and specifica=tions and as
ordered and/or approved by the responsible officers of the Public Works
Administration.
4. We further report that the Contractor has earned and is entitled
to full settlement for work done on the several items of the contract as here-
inafter enumerated, to-wit:
Item N o.
1. Seawall - 5681.96 lin. ft. at $24.40 $138,639.82
2. Ramps 8,954.00
Stairways - 81 complete at $22.50 - $1,822.50
6 extra sets bronze
fittings (Items 29
and 30) at $6.47 - 38.82 1,861.32
4. Extra Work Orders
Ext. No. 1 - Iaor. transverse wall $2,589.54
" " 6 - Sou.
and cutting down
County oulkhead 927.46
" " 7 - Extra bulkhead and
ramps 481.38
" " 8 - Bronze Tablets 382.05
" " 9 - Steps at bathing
Pool 36.25
" " 10 - Backfill at street
ends - 890 cu. yds.
at 40d 356.00 4,772.68
Total Amount Earned by Contractor $154,227.82
5. However, due to the fact that the contractor made an undercharge
of $12.54 on certain bronze fixtures and galvanized bolts , carried as items 29
and 30 in final partial estimate No. 7, as suomitted to and approved oy the
Auditor for the Puolic Works Administration, the total amount earned by the
Contractor as shown in that partial estimate reads $154,215.28 and the Contractor '
has stated that he will accept this last amount as the basis of full settlement
for the work done by him under his contract.
6. Section 49, paragraph c, of the specifications provides that:
"On or before final payment shall be made by the Town, the
contractor shall furnish evidence satisfactory to the Town
that he has paid, or will pay, for all materials, labor and
other obligations incurred by him in the conduct of his work."
The Honorable Town Council
January 13, 1936111
Page 3.
The contractor has accordingly furnished an affidavit which is transmitted
herewith.
7. The loan agreement between the Town and the United States as repre-
sented by the Public Works Administration, and the regulations of the latter
(Manual for Engineer-Inspectors, nage 25, section F) require that the Torn shall
furnish the Engineer-Inspector of the Public Works Administration with a certifi-
cate of occupancy to show that the project has been satisfactorily completed and
accented. We have been informed by the office of the State PWA Inspector that
it does not have any special form of certificate of occupancy but that a resolution
adopted by the Town Council setting forth the facts in appropriate language will
be accented as a certificate of occupancy. We therefore recommend that the Town
Council adopt a resolution substantially as set forth below:
WHEREAS, Hills and Youngberg, Engineers for the Town on the
project for the construction of a seawall and ramps with appurtenant
,.Cc ...t„4,o structures, designated as Puolic Works Administration Docket No. 962,
have reported that the North American Construction Company, the
Contractor for the work, has completed the same in full accordance
with the terms and provisions of the contract and the annurtenant
drawings, plans and specifications, including all extra work, changes,
and additions as authorized by the contract and specifications and as
ordered and/or approved by the responsible officers of the Public Works
Administration; and
WHEREAS, the Contractor has furnished evidence which is satis-
factory to the Town that he has paid, or will nay, for all materials,
labor and other obligations incurred by him in the conduct of his
work; and
WHEREAS, the Contractor, acting under instructions from the
representatives of the Public Works Administration, has submitted his
final statement of account; and
WHEREAS, we are informed that the District Project Auditor of
the Public forks Administration has made his final audit and has sub-
mitted his report thereon to the principal Public Works Administration
authorities in Washington; and
WHEREAS, the loan agreement and the regulations of thePublic Works '
Administration require that the Town shall furnish the Engineer-
Inspector with a certificate of occupancy to show that the project has
been satisfactorily completed and accented;
The Honorable Town Council
January 13, 1936111
Page 4.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of Atlantic
Beach do and it hereby does declare and certify that the project has
been satisfactorily completed; and
BE IT FURTHER RESOLVED that the Town Council of Atlantic Beach
do and it hereby does accept the project; and
BE IT FURTHER RESOLVED that copies of this resolution be trans-
mitted to the District Project Auditor, the State Engineer, the State
Engineer-Inspector and the Resident Engineer-Inspector, all of the
Public Works Administration.
Respectfully submitted,
HILLS and YOUNGBERG,
Engineersf. the Town
By:
In closure Gilbert A. Youngberg
Member if the Firm '
GAY:H
FINANCIAL CERTIFICATE ,ft
of • -
NORTH AMERICAN CONSTRUCTION COMPANY
I , I.H.Spaulding , Treasurer, hereby certify that I am the duly
qualified and acting officer of the North American Construction Company ,
and that I am qualified and sufficiently informed to make a true ark
accur4te statement regarding the financial condition and status of accounts i
of the North American Construction Company.
I , further certify that the North American Construction Company has
paid all just and lawful bills for labor , material and rental of equipment
directly employed in the prosecution of work under contract with the Down
of Atlantic Beach , Duval County , Florida , the nature of such ork being
construction of Atlantic Beach Seawall , Ramps and Stairways , P.W.A. Docket
No. 962.
The above is subject to conditions as to sub-contractors which con-
ditions are as follows:
As to Sub-contractor J. Olson & Son: - During the early days of
October , 1935 J. Olson & Son made written representation to theTown of
Atlantic Beach that the maximum sum of 419 ,009.28 was due them or would
become due them on capletion of their work. Since this amount did not agree
with our records in the matter, we , by direction of P.W.A. , placed this
sum 019 ,009.28 ) in a special account in The Florida National Bank toward
such time as their work might be completed and the true amount ascertained.
Since that time we have expended several thousand dollars in the completioli
of their work but the original amount of 419 ,009.28 still stands in a
special account as above.
As to Sub-contractor Capitol Concrete Company: - The Capitol
Concrete Company have received up to this date 95% of all moneys earned by
them on their sub-contract. According to our agreement with them the
final 5$iS due only as and when we receive our final payment. We have
delivered to the Town of Atlantic Beach , Florida , ivir. M.V. Osborne , Treasure
an order for the Town to pay this sum direct , copy of this order is attached
hereto.
As to Sub-contractor C. F. Oesterreicher: - C. F. Oesterreicher
has received all the amount due him with exception of 414.23 which amo unt ,
according to our agreement with them is not due until we receive our final
payment. We have delivered to the Town of Atlantic Beach , Mr. M.V.Osborne ,
Treasurer , order for the Town to pay this sum direct , copy of this order
is attached hereto.
Attached hereto are affidavits of the three above mentioned sub-
contractors certifying that they have no outstanding indebtedness on account
of this job. None of these mentioned sub-contractors have performed ,
themselves on account of their sub-contracts on the Atlantic Beach Seawall,
any work since the date given on their affidavit.
I further certify that North American Construction Company has no
outstanding indebtedness in connection with the work aforesaid resulting
from unpaid insurance premiums , bond premiums , demurrage charges , freight
charges , and/or any other debt incurred by the said Contractor in connection
with this work.
IN WITNESS WHEREOF I have hereunto placed my hand and the official
seal of North American Construction Company this 13th day of January ,
A.D. 1936.
NORTH AMERICAN CONSTRUCTION COMPANY
By J - 2c1' ,./00
' reasurer.
Sworn to and subscribed before me
this 13th day of January , A.D. 1936
Notary Public
;. 0 - Votary Public. State of Florida at Lary_
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COPY
Janua ry 13, 19 36.
TO
Town of Atlantic Beach , Florida ,
Mr. M. V. Osborne , Treasurer.
Pay to the Capitol Concrete Company
Two Thousand Four Hundred Fifty-seven and 67 Dollars
100
(42 ,457.67 ) from the first moneys to become due us
on account of our contract on the Atlantic Beach
Seawall , P. W.A. Doeke t No. 962. ,
North American Construction Company
By
Ralph E. Spaulding
General Manager.
1