10-13-47 v MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH TOTN
COUNCIL HELD AT THE TONN HALL ON MONDAY NIGHT, OCTOBER 13TH ,
1947 AT 8 P .M.
Present :
Beale Travis
W.D. Merritt
S.E. Williams, Jr.
Harcourt Bull, Jr. , Councilmen
and
G.L. Rosborough, Mayor
Frank Thompson, Town Attorney
C.R. Frazier, Town Supervisor
Adele S. Grago, Town Clerk •
The meeting was called to order by the President, Mr.• Travis.
Mr. Travis advised that Mr. Lighty had phoned and asked
that the Neptune Beach Council be excused from this moot-
ing duo to the emergency work resulting from the storm.
Miss DeCottes appeared before Council with a request that
she be allowed to enlarge her shower by extending eastward
18 inches. This shower is too close to property line and
in violation of present Zoning Ordinance . Miss Decottes
Will was advised to present a correct drawing of work to be done
with specifications and plot location, and the Council
would then consider the matter.
Mr. Heyward presented a request that his property in Section "H"
on Mayport Rd. be re-zoned for business, and he was advised to
got petition on same as required and present to Council for
consideration.
There being no other visitors, the minutes of previous meet-
ings were called for.
Upon motion of Mr. Bull, seconded by Mr. Villiams the minutes
of the regular meeting of September 8th were approved as read.
Upon motion of Mr. Williams , seconded by Mr. Bull , the minutes
of the adjourned meeting of September 18th were approved.
The minute of the adjourned meeting of October 2 were amended
by adding the following "At the suggestion of Mr. A. Brest of
the Duval Engineering and Contracting Co. that the Council em-
ploy Mr. Robt. Angus, Mr. Angus was so employed to advise with
/111 Mr. Brest and direct steps to be taken by the Duval Engineering
and Contractin Co, at the engineering fees of the Florida
Society of Ebgineers. This engineering to include design of
emergency construction and supervision of installation thereof.
With this addition they were approved upon motion of Yr. Bull,
seconded by 'q". Williams . It was brought out at t is point
that- at the Oct. 2nd meeting that on question by Yr. Bull, Mr.
Angas advised Council that he would communicate with Mr. Brest
the first thing the next morning so '.hat work would begin im.,ediate-
ly, and he would prepare a list of equipment and materials to be
requested from FWA
Upon motion of Mr. Bull seconded by 7r. 7illiams, the minutes of
the adjourned meeting of '"ctober 7th, 1947 were approved.
1pon motion of Bull, seconded by :-;fir. Williams, the minutes of
the adjourned :fleeting held at 8 A.M., October 8th were approved.
Upon motion of : r. Bull, seconded by Mr. Merritt the minutes of
the adjourned meeting held at 8 '.M. on October 5th were approved.
111/ Upon motion of Mr. Bull, seconded by Mr. 7illiams the minutes of
the adjourned meeting of October 10th were approved.
Mr. George Bull reported on the emergency work. The sand-
bags are deteriorating and a great deal of time and. labor is
being spent to replace them. Something more permanent is needed,
and he suggested that perhaps the material from the old Phillips
Highway might be secured . Inquiry is to be made relative to this:'
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Mr. Bull m'ved that the supervisor be instructed to have spanish
bayonet removed wherever deemed necessary for emergency work, unless
tree owner of the premises objects, in which case report it to the
Town authorities . This was seconded by Mr. Williams and carried.
r. Brannen of W.A.A. has advised that most of the list submitted
to him may be available with the exception of the portable power
plant.
r'nere was a discussion of a new dump truck wnich tr. Frazier advis-
ed was badly needed . He was advised to rent a truck whenever needed
for the time being , and to contact other companies relative to
price, etc .
Thompson presented the contract covering the purchase of the
Waterworks and same was discussed further. Upon motion of Mr.
Bull, seconded by Mr. Williams an Ordinance entitled "An Ordinance
providing for the Purchase upon condition Sales Agreemetht from
E. Gerry Adams of all that part of his existing water system
lying outside Hotel Peservatton and for leasing for a period of
3 years his waterworks facilities on the Hotel Reservation", was
passed on first reading. Tne vote was Pull "aye", Merritt "aye",
Williams "aye", Travis "aye ", Minchew absent .
Upon motbon of Mr . Bull, seconded by Mr.- Merritt this ordinance
was passed on sedond reading. The call vo - te was 5u11, ''erritt,
Williams and Travis "aye ", Minchew "absent" .
Mr. Minchew being absent there was no report as to changing the
Bus stop.
As to the re-zoning of 4th street, Mr. Frazier reported that he
had sent out letters to all the owners as suggested, and majority
of answers were in favor of rezoning the whole street and the
suggested adjacent lots . Mr. Bull moved that the area contemplated
in the letter be included in this re-zoning and that we advertise
a Public Hearing on this at for the next regular meeting on 1ovem-
ber lOtn. This was seconded by Mr. Merritt ari? carried.
'rr. "'tlliams advised that he had seen ,Tr. Jones about the children
using' the school ground for playing, and that the Trustees cannot
sive an affirmative consent, but thinks the children can pLay there
so long as no one objects . Mr. Frazier saw, 'rr. Adams who advised
that he would be glad to arrange a play-round space provided the
:playing was under Mr. Ganzel 's supervision.
Upon motion of Mr. Merritt, seconded .by Mr. Williams, the Treasurer's
report was. approved, subject to the Treasurer',s signature. The bal-
ances were as follows :
General Fund $2786 .95
Seawall Fund
Scoch Bank 1613.68
Jax. Fed. Say. & Loan 5000.00
Federal
The Town Clerk reported that the Jacksonville/Savings .° Loan Asso-
ciation certificates #72 and 75 had been redeemed in amount of
$5000. and deposited to the General Fund at the Beach Bank. A
check has been received from the Association to cover the interest
on the certificates and has been deposited to the Seawall
Account in the Reach Bank.
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Upon motion of Mr. Bull, seconded by Mr. Williams the
following bills were approved for payment : /
City of Jacksonviilb Beach (radio) . . . . . . . 0$30.00
B.B. McCormick & Sons . 45.00 t
Clifford Payne & Garrison 43 47 �
It II II tt 201 4'T�
Mason-Smith Co 17 50'
R.E. Wilkerson & Co. 5 06
Sou. Bell Tel. & Tel . Co. (office ) 8 3 V
It U 11 II 11 11 (Health ealth Unit )0 . . . . 4.75
Janes ' Serv. Sta. & Garage 2 66/7
Pablo Garage �'f 75,/,`
Graham-Jones Paper Co. 10 25/
The Florida Times Union 24 00
Hannon Sales & Service 30 U0
Sun Oil Co 145 59
The Texas Co 117 04
0.P. Curtis (Auditor) 250 00
Mr. Bull moved t_ at the Hannon Sales & Service bill be
referred to Mr. Merritt to investigate and paid if he so
rectmmended, and also that the Clifford Payne & Garrtson
insurance be handled on the contract plan. Mr. Williams
seconded add the motion was carried.
',Ir. Bull advised that he felt tnat the Council shoald get
to-gether with Smith& Gillespie at once to make financial
arrangements and get going with ceawall repairs, and have
some definite plans . It was unanimomsly agreed to meet
to-morrow night, October 14th with Smith & Gillespie,
and to also ask Ben McCormick to be 'present.
Upon motion of Mr. Bull, seconded by Mr. Williams it was
decided to renew the note with the Beach Bank in the amount
of $2000. for 60 days , as sufficient _ta.x money should be
available by then, and the following resolution was therefore
passed:
R TSOLUTION
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF ATLANTIC
BEACH , DUVAL COUNTY, FLORIDA: that
Wo, the Town Council of the Town of Atlantic Bosch, Florida,
do hereby appoint Beale Travis and Adele S. Grego, respectively
the President of the Town Council and tho Town Clerk of the
said Town, our joint attorneys for us and in our nume,ond ntoad,
to jointly end in their said official capacities, draw, sign
und endorse promissary note in amount of $2,000.00 for General
Fund; and do waive demand notice, and notieace protest of
all such notes.
Giving and granting to our said attorneys full power
and authority to do and perform all and every act end
thing whatsoever requisite necessary or proper to be
done in and about the premises, as fully to all intents
end purposes, as we, acting in un aggrogato official
capacity, might or could fib; hereby ratifying and con-
firming all thut oui' said attorneys shall lawfully do,
or cause to be clone by virtue horoof .
Upon motion of Mr. Bull, seconded by Mr. Merritt the Auditors
bill was added to the regular bills for payment.
Mr. Frazier was asked to write the press release on the
Waterworks negotiations .
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Upon motion of Mr_. Buil, seconded by Mr_. Williams the
following Resolution was passed:
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The details of the Waterworks purchase and the Ordinance
covering same was explained to Mr. Minchew who arrived
after this matter was voted upon. Mr. Minchew requested
that his vote of "aye" on this Ordinance be recorded in the
minutes .
Jpon motion of Mr. 7illaims the meeting adjourmed to Tuesday
night, October 14th at 8 P.M.
Attest : •
(LOU& Beale Travis, President
Adele S. Grage, '"own I le rk
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A RESOLUTION CONDEMNING THE EFFORTS
OF THE FLORIDA RAILROAD AND PUBLIC
UTILITIES COMMISSION TO ASSERT JURIS-
DICTION OVER TERRITORY WHICH THE
FLORIDA LEGISLATURE HAS EXPRESSLY
l:X1 MPT FROM SAD COMMISSIONS JURIS-
DICTION.
WHEREAS the Florida Railroad and Public Utilities Commission
is a creature of the Florida Legislature and as such is possessed
of no power, authority or jurisdiction except such as said Legisla-
ture has seen fit to confer upon it, and
WHEREAS the Florida Legislature, pursuant to sponsorship by
the public officials and interested citizens of the Municipalities
of Jacksonville, Jacksonville Beach, Neptune Beach and Atlantic
Beach, and also the Board of County Commissioners of Duval County,
enacted Chapter 17115 and Chapter 17531 , Laws of Florida, regular
session of 1935, in an by which it was provided that all persons,
firms or corporations engaged in the operation of motor vehicles
for the transportation of persons or property for compensation over
or upon State Roads connecting the City of Jacksonville and the Beach
communities of Jacksonville Beach, Neptune Beach, Atlantic Beach,
Ponta Vedra Beach and Mayport shall be expressly exempted from the
jurisdiction, regulation or control by the Florida Railroad and Public
Utilities Commission, and
WHEREAS, the following the Passage of the foregoing laws, the
Florida Motor Lines, Inc . , who theretofore held a Certificate of
Public Convenience and Necessity from said Commission, instituted
a suit in the Circuit Court of Duval County, Florida, to contest the
validity of aforesaid laws, which suit resulted in a decision of said
court holding that each of the aforesaid laws were valid and effective;
and, although Notice of Appeal of such decision to the Supreme Court
of Florida (returnable on April 24, 1936) was filed, no decision
has ever been entered reversing, or modifying to any extent, the
aforementioned Circuit Court decision which now stands and must be
currently recognized as the paramount law on the subject, and
WHEREAS, contrary to and in defiance of the aforesaid laws and
supporting court decision, the Florida Railroad and Public Utilities
Commission, in full possession of the aforementioned facts, has issued
a formal notice that it will hold a public hearing on October 16, 1947,
to consider and act upon an application in the name of John R. and
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Edna Gurtler, Docket No. 2259 MC, for a Certificate of Public Con-
venience and Necessity authorizing the transportation of passengers
in motor buses as a common carrier over the identical state roads
embraced in aforesaid laws, and in so doing has wrona'fully and un-
lawfully assumed, or purported to assume, authority beyond end in
excess of the limited Powers and functions conferred upon it, and
in that behalf is acting simply as o n interloper without any basis
or justification,
NON THEREFORE, BE IT RESOLVED by the Mayor and Town Council
of the Town of Atlantic Beach, ± lorida:
1. That the aforementioned action of the Florida Railroad and
Public Utilities Commission be condemned, and that on behalf of said
Town and its interested citizens said Commission be requested and
urged to cancel its aforesaid notice and refrain from taking any
further action in the premises.
2. That copies of this resolution be forthwith transmitted to
the Florida Railroad and Public Utilities Commission, the Governor,
Comptroller and Attorney General of the State of Florida, and to
each member of the Duval County delegation to the Florida Legisla-
ture.
3. That the Town Attorney be , and he is hereby instructed and
directed to take any and all such action as may be necessary or
appropriate to successfully oppose the aforesaid efforts and pro-
ceedings of said comrission to the end that existing exemptions
accorded common carriers onorat1nr bett'reen_ the City of Jacksonville
and the reverel beach communities of Duval County ;:hall be preserved
and maintained.
MAYOR
Attest:
0,0- Ir • --
MIN CLERK
CERTIFICATION:
I, Adele S. Gragu, Town Clerk of the Town of Atlantic Beach,Florida,
hereby certify that copy of above resolution was duly adopted by
the Town Council of the Town of Atlantic Beach, Florida, , on October
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13th, 1947, and that said copy of resolution has been compared by
me with the original thereof recorded in the official resolution
hook of said 'town and that it is a correct transcript therefrom and
of the whale of said original.
Dl WITNESS WHEREOF, I have hereunto set my hand. and the seal
of the said Town of Atlantic Beach, Florida, this 14th day of October,
A. D. 1947.
25211 .
Adele S. Srage, Town Cler '
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Adopted at Regular Keating Town Council - October 13th, 1947.
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