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03-06-33 v 1 REGULAR MEETING OG THE TOWN COUNCIL OF ATLANTIC BEACH, MARCH 6, 1933, HELD AT R. E SUGGS STORE AT 8 O' CLOCK, P . M. PRESENT:- La .rence K. Tucker, Jr. , E; H. Thompson, Jas. D. Palmer. The meeting was called to order by Mr. Lawrence K. Tucker, Jr. , Chairman. The Clerk read the minutes of the meeting of Feby. 6, which wer•:o approved as read. Upon motion of Mr. Thompson, seconded by Mr. Palmer, the following bills were ordered paid:- Van Landingham Machine Shop, making parts for fire plug $ 9.50 Walter Pascoe, Repairing and flushing fire hydrant and other work9.00 Peter Jensen, Part payment on 152 yards shell at $1.15 a yard, total ;x174.8074.80 Robt. E. Sugg. . . .Gas and oil for truck 10.56 Fla. Times Union, Adv. bids for Town Hall 9.50 The Floridian, Adv. Re-establishment of duly quali- fied voters 34.50 Harvey Mabry, 6 mo. services as counsel for town50.00 Harvey Mabry, Professional services, .6th St. cros- sing10.00 Total $207.86 rhe following bids for building the Town Hall were re- ceived viz:- Chas. Strong $3, 222.00 Lackawanna Construction Co 3,003,00 North American Construction Co 2.823.00 R. J. Gallespie 2,790.00 W. M. Whitmire & O. L. Brandenburger ",497.00 S. S. Jacobs Co 2, 495.00 0. P. Woodcock Co. , , , , , , , 2,460.00 Connars & Woodall 2,398.00 P; S. Clarson 2,354.50 Thos. A. Smith 2,334.00 J. J. Johnson 2, 166.00 Mr Thompson made a motion, seconded by MrPalmer, put and unanimously carried* that the matter of placing the contract be re- ferred to the building Committee a nd the architect and as soon as the contract should be awarded the cheque attached to each re- jected bid, be returned to the bidder. Mr. Harvey Mabry, Town Attorney, submitted a proposal of Mrs. Jamie Patrick in settlement of her claim against the town. 1.- To pay the sum of one hundred dollars ($100.00) in h and the sum of one hundred thirty six dollars and fifty- seven cents: ($136. 57) as taxes of Jacksonville Beach, and the sum of eighty seven dollars and eighty seven cents ($87.87) for electric and water settlement , total - Three hundred twenty-four dollars and forty four cents,. ($324.44) 2.- As an alternatibe settlement she would be willing to accept a sum of money each and every month to be paid by the Town Council until her youngest child, which is now nineteen months old, reaches school age. Mr. Mabry reitterated the opinion that the Town had no legal liability. Thereupon Mr. Thompson made a motion, seconded by Mr. Palmer , put a nd unanimously carried, that the offer already subriitted is as much as the board wishes to go and that the offer be turned back in itis original form. The Clerk read a communication from Mr. J. B. Williams, po- lice officer, in which he stated that Mr. C. 0. Butler, had re- ported the partial destruction of the fence enclosing his property on 5th St. , the supposition being that the damage had been done by children. A motion was made by Mr. Palmer, seconded by Mr. Thompson, put and unanimously carried that this is a matter for which the town is not responsible and that it be referred to the police officer. The Board having been advised by Mr. Clifford Payne that he stood willing to investigate a nia scertain what can be done by the Town to reduce insura nce rates at Atlantic Beach, a motion was made by Mr. Thompson, seconded by Mr. Palmer, put and carried, that Mr. Payne be authorized to see what can be done to this end. Two applications for position of Town Marshal having been submitted by the Police Committee, in each of which salary re- quired was stipulated, the Clerk was instructed to advise that the board had no authority to guarantee salaries as outlined. The Mayor and Police Committee were requested to present at the next meeting the name of a person suitable for the position of Marshal and also one competent to act as judge. Mr. Thompson as Chairman of the Public Works Committee, reported the crossing at 6th St. now completed. . Mr. Mabry reported that he had continued in touch with Dr. Edward L'Engle in regard to obtaining drainage for Atlantic Beach and that pr. . p'Engle advised they were still working on the Jack- sonville Beach end and coming this way and that all Atlantic Beach needed to dr, when they got this far was to make good their promise as to transportation and the work would be done. In regard to the cheque of Mr. Emil Reineking for $34.00 which he tendered in payme nt of taxes which amounted to $57.75 and which he stated was out of .proportion and which amount he there- fore refused to pay, a motion was made by Mr. Thompson seconded by Mr. Palmer, put and carried that if property was found to be be- tween the Ocean a nd the Boulevard, he be notified t} t 'pis assess- ment is in line with all other lots in that section and that the Council has no authority to change the valuations except at the Equalization meeting which is held once a year for that purpose a nd is now past and that his cheque be 'returned to him. Mr. Mabry made a report on the repairing of the 15th St. ramp to the effect th.t he had seen Mr. Julian Fant, County Atty. who had assured him that he would recommend that the County take care of this matter and Mr. Mabry advised that he intended to follow the matter up. Whereupon it was decided wxpedient that Mr. R. E. Sugg, Mayor, together with one or two members of the Public Works Committee be present at the meeting of the Road and Bridge Committee of the County Commissioners at their next meeting and Mr. Mabry was instructed to ascertain the date of this meeting a ndto call the members of the Public Works Committee in -regard to - same, it being decided there was more likelihood of success if the members pushed the matter personally. Likewise the County is to be asked to shell 1st Street. A motion was made by Mr. Thompson, seconded by Mr. Palmer, put and carried that the matter of reconditioning the water hydrants be referred to the Public Works Committee. Mar. 6, 3Z Upon motion made, put and unanimously carried., the follow- ing agreement submitted by Attorney Mabry, was approved. AGREEMENT FOR PUBLIC GRADE CROSSING FOR TO-,11 OF ATLANTIC BEACH. This agreement, Made this 20th day of February, 1933, in duplicate, by and between WILLIAM R. KENAN , JR, and SCOTT N. LOFTIN, as Receivers of Florida East Coast Railway, and not individually, said Receivers being hereinafter called "First Parties" , and TOWN OF ATLANTIC BEACH, a municipal corporation of the State of Florida, (Ad- dress; Atlantic Beach, Fla. ) hereinafter called "Second Party." WITNESSETH: That said First Parties, for and in consid- eration of the covenants and conditions herein contained to be per- formed and kept by the Second Party, do hereby give and grant unto the said Second Party, the right and privilege to use an an easement for crossing purposes only, that part of the right of way and prop- erty of Florida East Coast Railway in Duval County, Florida , at the location described as follows: A strip of land twenty (20) feet in width, north- erly and southerly, by one hundred (100) feet in length, easterly and qesterly, extending across the right of way and the old main track (now aban- doned ) of the F. E. C. Railway at Sixth Street in the Town of Atlantic Bea ch, Florida. ; the easterly and westerly center line of said strip of land intersecting the center line of said old main track at a point seven hundred twenty-seven (727) feet, more or less, northerly from Mile Post No. 20, of said F. E. C. Railway from Jacksonville, Florida. All as shown in yellow upon blue print of part of F. E. C. Ry' s plan BC-30, dated January 28, 1933, attached hereto and made a part hereof. TO HAVE AND TO HOLD the hereby granted rights, privileges and easement for the period of one year from date hereof. In consideration of the granting of the easement above de- scribed by the First Parties to the Second Party, the Second Party covenants and agrees with the First Parties a s follows: 1. That said easement shall be used for crossing purposes only and no pipe, wire, rail or other line or structure shall be p placed, in or on said right or way or easement without the previous consent in writing of sa id First Parties. 2. That Second Party shall wholly construct the road cross- ing herein Provided and maintain the same from right of way line to r' ht of way line of Florida East Coast Railway, all at the sole cost and expemse of Second Party, PROVIDED, HOWEVER, that all the work of construction and maintenence herein provided shall be done by Second Party to the satisfaction of Engineer Maintenance of Way of First Parties. 3. The provisions and s tipulations of this indenture and agreement are a part of the consideration of the granting of the above pri- vileges a nd easement and in the event the said party of the second part shall fa it to comply with any of the covenants and conditions, then this license shall be void a nd said described easement shall terminat with full right on the part of the First Parties to re-enter and re- possess the same, if said First Parties shall elect to do so. S 4. This agreement, and all the rights and privileges here- by conferred or granted unto second party may be terminated by First Parties upon breach of any one of the covenants and conditions here- in contained on the part of the Second Party to be kept and perform- ed by giving thirty (30) days notice in writing of the First Par- ties unto the Second Party in care of it' s Mayor, or the President of it' s Town Council, or it' s Town Clerk, of intention of First Parties to terminate the same. 5. The Second Party hereby covenants and agrees for it- self and it' s successors, that upon termination of this agreement under any of the terms hereof, it will forthwith cease to exercise any of the rights andprivileges by this agreement conferred up- on Second Party, and thereafter will not assert any rights, privileges or easement whatsoever in respect to the said right of way and land of said First Parties, wither for the benefit of the general public or citizens and inhabitants of said Second Party. 6. The First Parties having heretofore obtained an order of the Interstate Commerce Commission permitting the abandonment of freight and passenger service upon the Mayport Bra.nh of Florida East Coast Railway, the Second Party hereby agrees Lo pay the entire cost of taking up and replacing the crossing hereby permitted if and when the First Parties, or their successors in office, or the assigns of the receivership estate shall determine to remove the track, or any substantial portion thereof, of said Mayport Branch; and Second Party shall pay First Parties within fifteen (15) days from receipt of statement of the same , the entire cost of so tak- ing up and replacing in the event such work is done by the forces or constructor of sa id First Parties. 7. This agreement is terminable lay the Receivers, or their successors, or the assigns of the receivership estate, at their option, upon the discharge of the Receivers -as such, any fixed period of time or any other thing herein to the contrary not with- standing, and in the absence of such cancellation all rights of said Receivers hereunder shall inure to the benefit of their successors or the assigns of the receivership estate. 8. Second Party agrees to pay, upon the execution and deliv- ery of this agreement, the full amount of any State of Florida docu- mentary tax stamps computed by First Parties as being necessary to be affixed to this agreement. IN WITNESS WHEREOF, the First Parties have caused these presents to be executed in duplicate, a nd the Second Party has caused these presents to be executed in duplicate in it's name by it' s Mayor, and it' s corporate sea 1 to be hereto affixed, attested by it ' s Town Clerk, each the day and year first above written. SJ:'gned, sealed and delivered WILLIAIt R. KENAN, JH. AND in the presence of : SCOTT M. LOFTIN, as Receiv- ers of Florida East Coast Railway, By _ As to Co-Receiver. Co-Receiver. TOWN OF ATLANTIC BEAM , FLORIDA, By it' s Town Coun- cil, ROBERT E. SUGG, IT'S Mayor As to Mayor. Attest :- E. J. Candee, It' s Town Clerk. As to Clerk. !` RESOLUTION NO. Upon motion duly made and seconded, the following resolution :.s unanimously adopted:- BE IT RESOLVED, by the Town Council of the Town of Atlantic Beach, a municipal corporation of the State of Florida: 1. That the said Town hereby consents to and agrees to enter into an agreement with ':IILLIAM R. KENAN, JR. , and SCOTT M. LOFTIN, as Receivers of Florida East Coast Railway, wherein and whereby said Town is granted the right and privilege to use as ease- meth for crossing purposes only, that portion of right of way of Florida East Coast Railway in Atlantic Beach, Florida at the loca- tion described as follows: A strip of land twenty (20) feet in width northerly and southerly, by one hundred ( 100) feet in length, easterly and wester- ly, extending across the right of way and the old main track (now abandoned) of the F. E. C . Railway at Sixth Street in the Town of Atlantic Beach, Florida; the easterly and .resterly center line aE' said strip of land intersecting the center line of said old main track at a point seven hundred twenty-seven (727) feet, more or less, north- erly from Mile Post No. 20 of said F. E. C. Ry. , from Jacksonville, Florida, under the terms and consitions all as appears in copy of said agreement, attached hereto and made a part of this resolution. 2. That the Mayor, with the attestation of the Town Clerk be and they each are hereby authorized and directed to execute said agreement for and on behalf of the Town of Atlantic Beach a municipal corporation of the State of Florida. 3. That this resolution shall become effective imme- diately upon its passage. - -- -- -- -- -- -- - There being no further business for consideration, upon motion put and carried the meeting adjourned. Correct: cl.uft,44,. /e Chairman Attest: C :rk