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05-06-35 v REGULAR MEETING OF THE TOWN COUNCIL OF ATLANTIC BEACH, FLORIDA, HELD MAY 6th, 1935 - AT EIGHT O ' CLOCK, P . M. AT THE TOWN HALL. PRESENT:- Lawrence K. Tucker, Jr., J. M. Bradfield, Jas. D. calmer, Geo. B. Stallings, a d Harvey Mabry, Atty. The meeting was called to order by Mr. Lawrence K. Tucker, Jr. , President. Upon motion put, seconded and carried, the reading of the minutes of April 1st, was waived. Upon motion of Mr. Palmer, seconded by Mr. Stallings, put and carried, the following bills were approved and authorized paid:- Clifford A. Payne, Co. , Inc. Insurance on Town Hall, Prem54.29 Dekle Lumber & Supply Co. , Asphalt for streets, etc 10.30 Allweather Tire Co., Balance on tires for truck 23.00 H. B. McDaniel, Work on Town truck 2.90 Eureka Fire Hose Mfg. Co., Fire hose 336.43 Bisbee-Baldwin Corp. , Public liability & Prop. damage truck39.00 H. & W.B.Drew Co., Office supplied 5.25 Burwell Motor Co. , four wheel bolts etc .98 Robert E. Sugg, Gas & oil. . .April 3 to May 4 29.06 $501.fl - SEAWALL BILLS - Clifford A. Payne Co., Inc. , Bond of M. V. Osborne, Treas. $375.00 Harvey Mabry, Legal services Re. Seawall 250.00 M. W. Bondfield, Stenographic services Re Seawall 183.33 Southern Analytica 1 Laboratory, Inspection concrete Seawall 170.00 Southern Bell Tel & Tel. Co., Call Was'_hington, , . . . .3.50 Gov. Engineer calls. .1.05 4.55 $982.88 The Clerk read a letter from Mr. Scott M. Loftin, Receiver for Fla. East Coast Railway, in reply ,to a letter of Mr. E. H. Thomp- son, Re securing lease of property adjacent to Town Hall grounds for the purpose of a park and beautification project, in which Mr. Loftin stated that as the railway is no longer a solvent concern, it would not be possible to lease it, except on a lease subject to termination on short notice but that if the -town would be interested in pur- chasing the property for a cash consideration, the Railway Co. would be disposed to make negotiations to that end. . Thereupon a motion was made by Mr. Palmer, seconded by Mr. Stallings, put and carried that the Clerk write Mr. Loftin and inquire if they have fixed a price on this property and if not, that they kindly advise when they do. A RESOLUTION was made by Mr. Bradfield, seconded by Mr. Stallings, THAT from time to time delinquent taxes have remained due and payable on the assessment rolls of the Town of Atlantic Beach, and, WHEREAS, it is urgent at this time that some immediate action be instituted to collect such delinquent taxes as are out- standing, NOW, THEREFORE, be it resolved by the Town Council of At- lantic Beach that the Town Clerk be, and she is hereby requested to prepare and certify to the City Attorney, a list of the de- linquent taxes as now appear a s of record on the assessment rolls of the Town of Atlantic Beach, in order that the City Attorney shall properly proceed with the collection of such delinquent taxes, either by suit or otherwise for the best interests of said Town. Upon motion, resolution was duly carried by a unanimous vote. Mr. Bradfield presented a Resolution as follows: WHEREAS, the ocean beach in this Town of Atlantic Beach, is used extensively at a 11 times of the year as a pleasure drive by automobilists; and WHEREAS, it is likewise used by pedestrians, including child- ren for surf bathing and other recreational purposes; and WHEREAS, these two simultaneous uses of the beach zone in- troduce grave hazards to life and limb, particularly of pedestri- ans; and WHEREAS; it is desirable to compromise and/or reconcile, in so far a s possible, these two simultaneous uses a nd to elim- inate the dangers incident thereto, NOW, THEREFORE, BE E RESOLVED, That the Council of the Town of Atlantic Beach do establish a safety zone, in accordance with due process of law, easterly of and adjoining the sea wall now being constructed as Public Works Administration Project No.962; and BE IP FURTHER RESOLVED, That this Town Council make appli- cation to the Federal Emergency Administration of Public Works for a combined loan and grant in the sum of six Thousand Dollars ($6,000,) supplementing the loan and grant heretofore made for the construction of sea wall, the said supplementary loan and grant to be utilized for the construction of approximately Five Hundred (500) substantial concrete posts which shall be placed at suitable interbals, upon the e asterly line of the safety zone aforesaid, w ith a view to preventing the use of said zone by automobiles or other vehicles, and reserving the zone for the ex- clusive use of pedestrians; a nd BE TI' FURTHER RESOLVED, That the special engineers for the Town, Hills and Youngberg, be instructed to draft application and other papers necessary thereto and submit the same for the signa- tures of the Mayor and members of this Town Council. On motion made by Councilman Palmer, seconded by Council- man Stallings, the foregoing resolution was put to a vote and unanimously adopted. A motion was made by Mr. Bradfield, seconded by Mir. Stal- lings, that an ordinance establishing a Safety Zone be passed, which was passed forthwith on 1st and 2nd readings. A motion was made by Mr. Bradfield, seconded by Mr. Palmer, put and carried, that WHEREAS, By virtue of action taken by the Town Council in regular meeting March 14, agreement was entered into between the Town of Atlantic Beach and the Southern Analytical Laboratory of Javksonville, Florida for certain services relating to the analy- ses of concrete materials, the placement of concrete and the in- spection thereof, and WHEREAS, Subsequent to the last meeting of the Council, the Southern Analytical Laboratory submitted a statemtnt in the sum of $150.00 for services rendered up to and including March 31, which statement was certified correct by the engineers, Hills and Youngberg, and WHEREAS, Upon the request of the President of the Town 411 Council, payment has been made by the Treasurer, with a view to avoiding delay pending another regular meeting of the Town Council, NOW, THEREFORE, BE IT RESOLVED That this Council do, and it 'hereby does, condirm the said action of the President and the Treasurer, and May 6, Sheet No. 2 BE IT FURTHER RESOLVED That the Treasurer be, and he is hereby, authorized to make payment of all statements for services hereafter rendered by the Southern Analytical Labora tory. PROVIDED That such statements for services shall be duly certi- fied by the engineers, Hills and Youngber, and approved for payment by the President of the Town Council. A motion was made by Mr. Palmer, seconded by Mr. Bradfield, put and carried that the letter received from James E. Cotton, State Engineer, of which the subject matter follows be referred to the Engineers to be carried out "This to advise that no assignment by the con*- °:.ctor of any principal construction contract or any part thereof, or of the funds to be received thereunder by the contractor, will Use recog- nized by the PWA unless such assignment has had the approval of the awarding authority and the State Engineer, and the surety has been given due notice of such assingment in writing." A motion was made by Mr. Palmer, seconded by Mr. Bradfield, put and carried, that the Clerk furnish Col. Youngberg, with a list of all Ocean Front property owners to the end that he furnish each such owner with specific information as to back fill, saving of material etc. Mr. Davis of South Jacksonville being present in person and having submitted a proposition whereby he be employed as night police, by the towns of Neptune and Atlantic Beach, they to share jointly in the expense, a motion was made by Mr. Bradfield, second- ed by I.Ir. Palmer, put and carried, that this matter be referred to the chairman of the Plice Committee for investigation and recom- mendation. The advisability of painting the Town Hall having come up for discussion, a motion was made by Mr. Bradfield, seconded by Mr. Stallings, put and carried that Mr. Palmer, be authorized to ob- tain bids and to let the work to the lowest and best bidder. A motion was made by Mr. Bradfield, seconded by Mr. Palmer, put and carried, that the street ends, terminating at the seawall, be mucked, the Town to pay the cost of said mucking, and that the Chairman of the Public Works Committee, be authorized to obtain prices for the performance of this work and to let it to the lowest and best bidder. A motion was made by Mr. Palmer, seconded by Mr. Bradfield, put and carried, that the nuisance of advertising by means of a loud speaker, which traveled from one end of town to the other on Sunday and holliday afternoons be stopped by the marshal who should notify them that broadcasting cannot be permitted within the Town of Atlantic Beach. Councilman Bradfield, Chairman of the Seawall Committee, ex- plained briefly the history of the contract made between the Town and the firm of H ills and Youngberg, Engineers for the Seawall Project, and presented the following RESOLUTION WHEREAS, on July 8, 1933, the firm of Hills and Youngberg, Engineers, made a proposal to the Town of Atlantic Beach for pro- fessional engineering services necessary to the design and construc- tion of a protective seawall along the ocean front,and WHEREAS, the said proposal was accepted by action of the Town Council at its meeting on July 26, 1933, and WHEREAS, the said proposal and the acceptance by the Town constitute a contract wherein, by virtue of Section 1, Paragraph (e) , the said firm of- Hills and Youngberg were obligated to maintain a competent resident engineer upon the work at all times that his presence may be required, and WHEREAS, The circumstances and conditions under which the said contract was made have been very materially chaned in the time that has elapsed since it was made, particularly in connection with the fact that the work has been financed and is being constructed un- der terms and conditions imposed by the Public Works Administration and which were not anticipated, and WHEREAS, The engineers have represented that these terms and conditions have imposed an expense upon them far in excess of that contemplated by them, or by the Town, when the original contract was made, and WHEREAS, it is in accordance with the code of practice of the American Society of Civil Engineers (the leading authority in the U. S. ) for the client to assume the costs of surveys, resident supervision and/or field inspection NOW, THEREFORE, BE IT RESOLVED by the Town Council of Atlan- tic Beach, in regular meeting assembled, that the contract herein- above cited be amended to the extent that that the Town of Atlantic Beach will a ssume the cost of compensation to the resident engineer in the sum of $235.00 per month, effective as of February 8, 1935, upon which date he entered upon the work, and that said sum shall include his salary, room rent, postage and various other incidential wxpenses and shall be in full of all pay for services, allowances and expenses of said resident engineer; Provided, however, that the said resident engineer (also called field engineer) shall be subject to the orders and instructions of the firm of Hills and Youngberg as engineers for the seawall project in respect of all duties and responsibilities which may properly devolve upon said resident en- gineer, or field engineer, in connection with the project, and BE IT FURTHER RESOLVED, that nothing herein shall operate to alter or amend in any respect the duties and responsibilities de- volving upon the said engineers, H ills and Youngberg, in connec- tion with the seawall project, nor shall it operate to alter or amend the terms and conditions relating to compensation now due and payable, or which may hereafter become due and payable, under the terms of the contract hereinabove cited, which provides for a total fee equivalent to 5 per cent of the actual cost off' construc- ting the work - said cost being determined in the manner customary in like cases by the amount earned by the contractor, or contract- ors, for the project. Upon motion made by Mr. Bradfield, seconded by Mr. Palmer and submitted to vote, the resolution was unanimously adopted The treasurer, Mr. Osborne, made his usual financial report which was ordered filed and also submitted a certified statement a s to bank balance, which is in words and figures as follows:- Jacksonville, Florida, May 6th, 1935 Chairman,Finance Committee, Town of Atlantic Beach, Atlantic Beach, Fla. Dear Sir: We hereby certify that the balance standing to the credit of the account of - L. V. Osborne, Treasurer, As shown by our books at the close of business April 30th, 1935, was ; One thousand four hundred forty nine and 58/100 ($1,449.58) Very truly yours, (Signed) J. L. Dart . Comptroller There being no further business for consideration, upon motion, S put, seconded and carried, the meeting adjourned. ) Correct;(22 . j Attest; President. C e