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11-14-32 v REGULAR MEETING OF THE TO"1N COUNCIL OF ATLANTIC BEACH HELD AT THE STORE OF ROBERT E. SUGG, AT 8 P.M. NOV. 14, 1932. PRESENT:- Lawrence K. Tucker, Jr. J. M. Bradfield, Geo. B. Stallings, 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 October 17th which were approved as read. Upon motion of Mr. Bradfield, seconded by Mr. Stallings, put and unanimously carried, the following bills were ordered paid:- R. E. Sugg, gas and oil $ 7.41 :''alter Pascoe, Storage of Truck, one Sao 5.00 Bisbee-Baldwin Corp. , Ins. on Truck 24.00 Total 536.41 A motion was made by Mr. Stallings, seconded by Mr. Bradfield, put and unanimously carried, that the following or- dinance submitted by City Attorney Mabry, be passed on the second reading. ORDINANCE NO. A Bill To Be Entitled AI` ORDINANCE Providing for Obtaining License to deal or sell any real estate and to deal or engage in the business of renting or leasing within the corporate limits of the Town of Atlantic Beach. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE TEKN OF ATLANTIC BEACH. Section 1. No person, firm or corporation shall deal or engage in the selling of any real estate or to be engaged in the business of leasing or renting within the corporate limits of the Town of Atlantic Beach without first having obtained a license therefore. Section 2. The amount to be paid for said license is hereby fixed at the sum of five dollars ($5.00) per year, be- ginning on the 30th day of June A. D. 1932 and terminationg on the 30th day of June A. D. 1933. Section 3. Any person, firm or corporation and, or any agent, servant, employee or officer thereof violation this or- dinance or any part thereof shall, on conviction in the Munici- pal Court of the Town of Atlantic Beach for each offense be pun- ished by a fine not exceeding fifty dollars (n$50.00) or by im- prisonment not exceeding thirty days. Section 4. All Ordinances or parts of Ordinances in conflict herewith are to the extent of such conflict hereby re- pealed. A motion was made b,__ Mr. Palmer, seconded by Mr. Bradfield, put and unanimously carried that the following resolution be adopted:- RESOLVED THAT:- Mrs W. H. Dowling, having presented a receipt signed by Mrs. Jno M. Bell, for $18.30, as payment on account of 1929 and 1930 taxes on Lots 12 and 14, Block 6, of which the full amount due is '-721.60, and the Clerk having as- serted that the burned records showed the same credit of $18.30 due Mrs. Dowling, but that no tax receipt for either year hav- ing been issued to her, the Clerk is therefore authorized, up- on receipt of $3.30, the balance due, from Mrs .Dowling,, to is- sue in her favor, a tax receipt for the two years 1929 and 1930, for which she will then have paid the full amount of $21.60. A motion was made by Mr. Palmer, seconded by Mr. Stal- lings, put and unanimously carried, that the 83 lots in Manda- lay contained in Blocks 49, 50, 53, 54, 59, 60, 63 and 64 on which no new houses have been built, be assessed the same for 1932 as for 1931 anft that the amount set for back taxes in the bills be accepted as submitted. Mr. Harvey Mabry, City Attorney, submitted a letter from Crawford and May, Re- Jamie M. M. Patrick-vs- Town of Atlantic Beach and at the same time handed down his written opinion on the subject, both of which are as follows :- 1530 Lynch Bldg. Jacksonville, Florida Nov. 1, 1932 RE: JAMIE M. M. P ARR I CK v. TOWN OF ATLANTIC BEACH Harvey Mabry, Es ,. , 800 Bisbee Building, Jacksonville, Fla. Dear Sir: Mrs. Patrick has asked that we handle her claim against the Town of Atlantic Beach for damages incident to the death of her husband, the late Paul M. Patrick, Town Marshal of Atlantic Beach, who lost his life as a result of the destruction of the Town Hall at Atlantic Beach on September 10, 1932 under such circumstances as would ren- der the Town liable to Mrs. Patrick. Without going into any extended discussion of the law, we call your attention to the general rule that the common law liability of a master to his servants: is imposed upo' a municipal corporation in its relations with its employees. See 43 C. J. 934, et seq. Of course a master is liable to his servant for exposint him to the risk of injury from fire. 3 Labatt ' s Master & Servant, 2677. Even if` it' could be contended that this claim is one contemplated by Section 46 of the Charter of Atlantic Beach, under the facts as they exist the mown could not avail itself of the limitations there sought: to be imposed upon claimant. Because of her necessities, Mrs. Patrick is very anxious to get a settlement of her claim as quickly as possible. Without prejudice to her rights, ani purely in a s spirit of compromise, we suggest to you that w,.e would advise her to accept $500.00. If there will be any difficulty for the Town to make this sum immediately available, I am sure the Mrs. Patrick would be agreeable to deferring the payment of a portion of it. It is my understanding that the Town Council meets next Monday evening, November 7th. I would appreciate it if you would present the situation to that meeting of the Council, and advise me of its attitude. Yours very truly, (Signed) Philip S. May Bisbee Bldg. , Jacksonville, Fla. , November 3, 1932 Hon. Lawrence Tucker, Chairman, and Members of the Town Council, Atlantic Beach, Florida. Gentlemen: I have received letter from Crawford & May, Attorneys representing Jamie M. Patrick, widow of officer Patrick who re- ceived fatal burns when the Town Hall of Atlantic Beach was de- stroyed by fire on September 10, 1932. I am submitting this letter so that you may know the claim which is being presented by Mrs. Patrick. It is my op- inion that the Town of Atlantic Beach is not liable in the mat- ter of this claim, and I do not recommend any settlement as a matter of legal liability. Yours very"1/1- (Signed) Harvey Mabry. After the reading of the above, a motion eas made by Mr. Palmer, se" )nded by Mr. Bradfield, put and unanimously carried, that the Council decline to take any action on Mr. Mays letter and that Mr. Mabry handle the matter according to the best interests of Atlantic Beach. Mr. Chalmers D. Horne, having submitted in writing a petition and also being present in person to argue for a re- duction in the assessment of the following lots, viz:- Lots 6, 10, 12, 14, 16, 17, 18, 19, 20, 21 all in Block one (1) , a motion was made by Mr . Palmer, seconded by Mr. Stal- lings, put and unanimously carried, that a fifteen per cent (15%) cut be allowed on each lot assessed. There being no further business for consideration, upon motion put and carried, the meeting adjourned. CORRECT: Cr44414"0? /e Chairman. Attest: ,0,, 1 r