07-08-41 v MINUTES OF THE REGULAR MONTHLY MEETING OF THE ATLANTIC BEACH TOWN
COUNCIL HELD AT THE TOWN HALL, TUESDAY, JULY 8, 1941 at 8 O 'CLOCK.
The Clerk called the roll and the following answered present:
J. C. Cutler,
Fred C. Allen
Harcourt Bull, Jr .
Mr. G. L. Rosborough, the Mayor end Mr. C . C . Howell , Jr. ,
Town Attorney were also present.
r.
Cutler was named President Pro Tem.
The minutes of the regular monthly meeting of June 10th were
approved as reed.
The Town Treasurer, Mr. James A. Cranford, presented the usual
monthly financial report, which was approved and ordered filed.
Upon motion of Mr. Allen, seconded by Mr. Bull , the following
bills were approved and ordered paid:
Burke-Miller Signs 4.00
Florida Hardware Company 11.80
Bache Brothers Sign Company 9.00
N. S. Darley and Company 13.24
Wm. A. : staver Company 2.62
Neptune Garage 10.15
Wilkerson-Martin Company 2.75
Southern Bell Telephone Co. 5.95
Joe Robbins 9.00
Beach Plumbing and Elec. Co. 6 .00
Pascoe ' s Garage 23.60
The Texas Company 63.82
Florida Machine and Foundry Company 9.35
Duplicate to replace Warrant
3371 to Town of Neptune 8.30
C. C. Howell , Jr. 10.00 ; 189.58
Mr. Cutler reported on the employment of Wm. D. Pascoe as
Special police officer.
Mr. Bull moved that Ordinance entitled ,"AN ORDINANCE Regulat-
ing the Construction of Artesian Wells in the 'i'own of Atlantic
Beach, Florida ; Providing Penalties for the Violation Thereof; and
Repealing Ordinance No. 26. " , be placed on third and final reading.
The Ordinance was read in full. Thereupon Mr. Bull moved its
passage , Mr. Allen seconded the motion, end it was unanimously pass-
ed on Third and Final Reading.
Upon motion of Mr. Bull , seconded by Mr. Illen, an ordinance
entitled, "AN ORDINANCE Calling a Referendum Election for the Approval
and Ratification or the liisapproval and Rejection by the Qualified
rIlectors of the Town of Atlantic Beach, Duval County, Florida, of
House Bill No. 1508 Laws of Florida , regular session of 1941 ,
entitled "An Act (AL,to Amend Section 14 of Chapter 13907, Laws of
Florida, Special Acts of 1929, Entitled: 'AN ACT to Fix the
Territorial Limits of the Town of Atlantic Beach, to Provide for its
Government end Prescribe Its Jurisdiction and Powers, ' By Enlarging
the Powers of the Town Council of Said Town with Regard to Water
Supply Systems_, Advertising, ,'xpenditures for Public Health Frojects,
Building Codes , Garbage Collection and Fees, and Control over
Privetely Owned Public Utilities ; (3) to Amend Section 27 of Said
Chapter 13907, by Removing the Therein Imposed Restriction upon the
Total Tax Levyable upon any Property in any One Year; (C ) to Amend
Section 35 of said, Chapter 13907 by Conferring upon the Said Town
Council Traffic Supervisory Powers over Certain State and County
Roads; and (D) to Amend Section 39 of said Chapter 13907 by Removing
the Therein. Imposed Bonded Debt Limit; and to Provide for a Referen-
dum- on said ACT." , was unanimously passed on First reading.
Mr. Bull Moved that this Ordinance be passed upon Second Read-
ing , which was seconddd by Mr. Allen and it was passed on Second
Reading.
The Mayor raised the question of help to the Life Savings
corpse for repair on the building at Jacksonville Beach. It was
unanimously agreed that this matter is one which should have-
earnest support of the Town. -
The matter of a street light on Fifth Street between East
Coast Drive and Sherry Drive was discussed. The Town ' s quota
having been consumed already , it was determined that the
consideration of any additional lights would have to await a further
earned quota.
The matter of street repairs was raised by the I.°ayor. The
City Supervisor advised that he had not been able to get help, but
just as soon as men could be hired he would make street repairs one
of the first order of business.
Mr. C. C. Howell , Jr. , Town Attorney, reported in reference
to the Supreme Court decision in the case of- the Town Vs. Gdams
( Seawall ) . He advised that the case has now been decided in favor of
the Town, except as to attorney' s fees end iir. Howell asked for
instructions as to the method of accounting to be used in final
settlement.
The Legislative Enabling Act provides for acceleration of
the entire liability upon delinquency of any installment, whereas
statements have heretofore- been rendered on the basis of penalty
for delinquency on each installment and interest. By basing the
settlement upon the acceleration at• the time of delinquency, the
entire unpaid balance would be subject to penalty interest at the
rate of one per cent per month. un this basis the penalty interest
would be much greater than- if simple interest were charged on the
unassessed balance and penalty on the delinquent installment and
interest.
Yr. Howell explained that it is a question of law that
could very easily be construed in favor of the penalty upon the un-
paid balance on June 1 , 1936 or that the Council could determine of
its own accord in favor of the tax payer that the penalty interest
run only on delinquent installments and interest.
By unanimous agreement the Council instructed the Town
Clerk to prepare a statement to date showing the unpaid balance and
the penalty interest thereon and another statement showing; the
delinquent installments and interest with penalties thereon; that
the Town Attorney is to exercise the first method of settlement if
it is found that such a settlement is within the provisions of the
'nabling Act or that in the event such a settlement is not within
the law, then such settlement as is provided for by law.
The Town Clerk was instructed to contact Mr. Sugg in
reference to his delinquent Seawall Account.
The Clerk was instructed to prepare a statement of the Ocean
Beaches Hotel Company bringing same up to date.
Upon motion of Mr. Bull, seconded by Mr. Allen, the follow-
ing resolution was unanimously adopted:
WHEREAS, Beach Boulevard, State. Road No. 376 , formerly known
as Hogan Road, has been designated as an access road in the system
of roads necessary for national defense , and
:YHEREAS, the Beaches of Duval County which will be served
by Beach Boulevard have been designated by the U. S. Government as 411
a recreational area, end
vHEREAS, the construction of the Auxiliary U. S. Naval Air
Station at Mayport will add further traffic to the already over-
taxed Atlantic Boulevard, and
WHEREAS, Beach Boulevard will save approximately 3.5 miles
each way for at least 50% of the people residing et the Beaches,
and
;sHEREAS, Duval County and the X. P. A. have jointly con-
tributed towerd the completion of Beach Boulevard over a half
million dollars in engineering, clearing, grubbing, grading and
drainage work, and
NHEREAS, it appears to the Town Council of the Town of
Atlantic Beach, that immediate steps should be taken to insure
the completion of this important highway within the shortest
possible period;
NOW, THEREFORE, BE IT RESOLVED, That the State Road Depart-
r._ent of Florida be , and it is hereby, requested to start imme -
diately surveys of said Beach Boulevard and expedite such work so
that actual construction may be started within the next three
months.
There being no further business for consideration, the
meeting was adjourned.
Priaent /
Atlantic Beach(I'own Council
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Attest: 7 .0, •
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Tow Cle •
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