02-06-40 v `INUTES OF THE REGULAR MEETING OF THE ATLANTIC B'?ACH TONN
COUNCIL HELD AT THE TOYN HALL AT 8:00 P. M. February 6, 1940.
Present:
E. L. Chiasson
J. C . Outler
G. L. Rosborough
R. E. Sugg
Thomas N. Trout
Mr. George H. Smith, the Mayor and the Town Attorney,
Mr. C. C. Howell , Jr. , were also present.
The minutes of the Regular Monthly meeting of January
2, 4 were read and approved.
The minutes of a special meeting of January 12 were
read and approved.
The minutes of a pecial Meeting of January 21 were
read and approved.
The minutes of a Special Meeting of January 24 were
read and approved, except that the Mayor objected to the
Council ' s action on that date granting permit to Gordon 'Wright
to sink an artesian well on his Second Street property.
Discussion of this matter was deferred to a later time at this
meeting.
Mr. Osborne , Town Treasurer, submitted his usual month-
ly financial report, which upon motion of Mr. Trout , seconded
by Mr. Rosborough was approved and ordered filed.
Upon motion of Mr. Trout, seconded by Mr. Outler , the
following bills were approved and ordered paid if and when
funds are available:
Petty Expense 3. 50
Mason Lumber and Supply Co. 1 .65
H. and N. B. Drew Company 14.75
Nilkerson-Martin Company 4.25
N. A. Reifsnyder 3.00
Southern Bell Telephone Co. 6.35
Jax Uniforms , Inc. 4.25
Jacksonville Journal 21.00
Quinn R. Barton Company 1 . 90
Neptune Five and Ten 1.10
Shell Petroleum Company 21.45
:,eaboard Oil Company 44.80
The Texas Company 4.10
I . R. wellington 6 . 82
Clifford A. Payne and Garrison Co. 92.65
Florida Machine Company 7.17
rlorida National Bank (Truck Note) 70.20
Gulf Life Insurance Co. ( Park Note ) 15.00
Joe Robbins 16.95
C . C. Howell , Jr. , 15.70
Town of Neptune (Fire Denartment) 50.00
324.59
The Clerk stated that pursuant to instructions he had
sent invitations to eleven road building contractors to submit
bids on the proposed paving work on Second and Third Streets,
but that only one bid had been presented, that of Duval
Engineering Company. Discussion was had as to whether or not
this bid should be opened at this time and Mr. David Youst ,
representing Duval Engineering Comnany, suggested that the bid
could either be opened or returned to the I;uval Engineering
Company. By unanimous consent the bid was opened and is as
follows:
"Town Council of the
Town of Atlantic Beach, Florida.
Ve are pleased to quote you on Second Street , Tinit No. 1
and Third Street , Unit No. 2 on 5" compacted thickness
Oyster :hell Base , surfaced with tar prime , asphalt seal
and slag cover in accordance with the specifications of
the State Road Department of Florida at the unit price of
one dollar (0 .00) per square yard.
This price includes the furnishing by us of all material ,
equipment , labor and incidentals necessary to perform this
work and this price also includes the necessary grading and
the construction of 72 ' of 18" Concrete Culvert Pipe .
The proposed terms of payment are acceptable to us and if
we are awarded this contract we are in position to start
immediately and complete same at the earliest possible date.
Yours very truly,
DUVAL ENGINEERING & CONTRA-ACTING CO.
BY Alexander Brest
Secty and Treas."
Upon motion of Mr. Outler , seconded by Mr. Sugg , everything
in reference to acceptance or rejection of this bid was
deferred until such time as the Appraisal Board makes its
final report.
The Chair made inquiry as to the paving of Sherry
Drive by the County. The City Supervisor advised that he had
information that such paving would be done within the next
few days .
Mr. Don S. Goodling, a -ember of the Appraisal Board
appointed to estimate the accrued benefits derived from the
N.P.A. paving project completed in 1938, submitted the final
report of his Board, which was received and ordered filed. The
City Supervisor was directed to proceed Nith the other necessary
work in connection with the preparation of the assessment roll
against abutting property owners to cover the cost of this
project. Mr. Goodling was requested to say to all Members of
the Appraisal Board that the Council appreciates their work in
this connection.
The Nater Works project was discussed and the chair
advised Members of the Council relative to the ruling of ':NPA
authorities in Vashington and read to the Council several
of the letters addressed to various public officials in
reference to the Town ' s claim that this project should be
approved. The matter was thoroughly discussed and by unanimous
consent the Town Attorney was directed to look into the matter
of the suit pending against V. H, Adams to ',uiet Title and it
was the consensus of opinion that this suit should he immediate-
ly followed up.
Upon motion of Mr. Outler, seconded by Mr. Trout , the
following Resolution was adopted:
"XHEREA S, the Mayor and Town Council of the Town of Atlantic
Beach has submitted an application to the v. P.A . for a project
to erect a Yater 'Works and Distribution system, which applica-
tion has ben tentatively denied by the said N.P .A. on grounds
that it is in competition with a privately owned industry , 410
and
"WHEREAS, the said i4ayor and Town Council employed a competent
Engineer to make the plans for this system, and have given much
thought and study to such a system, and found and determined
among other things that :
( a) There exists in the Town a water plant which is the out-
growth of en antiquated system originally intended to supply
the old Atlantic Beach motel , and which has been extended by
the present operator from time to time without permission
from any constituted authority , such extensions being wholly
inadequate to meet the needs of the persons intended to be
served,
(b) that the present system is operated without rranchise or
other legal authority,
(c) that the system is entirely inadequate to meet the needs
of the Town and does not furnish fire protection to a large
percentage of the houses now existing in the Town end in those
cases where fire protection is furnished, because of the
antiquated system, ( the mains and other parts of the system do
not meet the requirements of the Fire Underwriters) the proper-
ty owners are required to pay an exhorbitent insurance rate ;
(d) that such system as exists , in so far as the mains , fire
plugs , etc . , are concerned, may rightfully belong to the Town
but being used without authority of law, franchise , lease or
permission of any sort by the present operator ,
( e ) that it is not at all likely that the present operator
would agree to any settlement of the situation end that the
only way the Town could have the question settled as to the owner-
ship would be by a lawsuit so expensive that the results that
could be hoped for would not be justified , and
(f) that due to the illegal existence of this so-called water
works , the Town could not hope to obtain an adequate system
through or by the present operator ; that such operator would
not make the needed repairs and replacements if such permission
could be granted by the Town and that the unwilling property
owner would continue to be burdened with an inadequate ,
antiquated system which has come into the hands of the present
owner by omissions and not by legal permission , and
WHEREAS, by virtue of these findings the Town officials have
determined that in so far as law is concerned there does not as
a matter of fact exist a water system, that a project to build
such a plant could not be rightfully termed in competition with
privately owned industry, that such a system as exists must
depend upon the mains outside the Hotel Reservation for distribu-
tion and such mains belong to the Town of Atlantic beach and not
to any private individual , and
,WHEREAS, under the circumstances the Town is faced with the
absolute necessity to build a water works , but due to its
financial circumstances , to construct one on private contract
would be an extreme hardship,
THEREFORE , BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE
SAID TOIVN that this further petition be submitted to the said
W. P. A . and that in view of all of the above named facts that it
be and it is hereby declared that the Town of Atlantic Beach has
by no authority or right of franchise, lease or other form of
permission granted unto any person the right to operate a water
works in the Town , and
BE IT FUPTH7R RESOLVED that it is further declared that such a
project as is proposed would not be in competition with any legal-
ly established private industry, and
• bE IT FURTHER RESOLVED that a copy of this Resolution he furnish-
ed W.P.A. Officials in Washington, to Senators Pepper and Andrews
and to Hon. Lex Green , Congressman.
Passed by the Town Council this 6th day of February , 1940.'
Upon suggestion of Mr. Outler, the Town Attorney and City
Supervisor were directed to make a thorough study of the
minutes and all records in reference to the suit referred to in
the discussion above .
The matter of permission which was granted , Pt the
Special Meeting of the Town Council on January 24 , to Gordon
.Vright to sink an artesian well on his :second Street property was
brought up again. the Mayor stated that he was unalterably oppos-
ed to this permission and that he would act to revoke the action
of the Council in this connection on the grounds that the permiss-
ion was illegally granted for technical reasons and for the
further grounds that it was in violation of an ordinance. There-
upon, Lir. Trout moved that the action of the council on January
24 be rescended and that the permission granted Mr. -Vright be
revoked. Mr. Fosborough seconded vr. Trout ' s motion and the
motion was adopted. .r. Outler then moved that Gordon Vright be
granted permission by the council to sink a three inch artesian
well on his second Street property in accordance with the terms
of the application filed by Mr. Wright. Mr. Sugg seconded the
motion and upon a roll call , the vote was es follows:
For: E. L. Chiasson
J. C. Outler
G. L. Rosborough
P . E. Sugg
Thomas N. Trout
Against:
None .
An Ordinance entitled,
"AN ORDINANCE Appointing a Board of Appraisers to (1) Determine
the Amount of Special Benefit Vhich will Accrue to Those Certain
Lots , Tracts or earcels of Land in and at the Town of Atlantic
Beach , Duval County, Florida , by Virtue of the Contemplated Im-
proving of that Portion of Third street in and at the bald Town,
lying 3etween the Therein Designated East Coast Drive and Sherry
Drive ; (2) to Make a Finding as to the Benefits estimated to
result to the Public et Large 'Because of Said Proposed Improve-
ments ; and (3) to File a Report of Such Determination and Finding. "
was placed on Third and rinal reading. upon completion of the read-
ing of the Ordinance , Mr. Fosborough moved its passage on Third
and Final Reading, Mr. Trout seconded the motion and it was
unanimously passed.
An Ordinance entitled,
"AN ORDINANCE Appointing a Board of Appraisers to (1 ) Determine
the Amount of Special Benefit Which will Accrue to Those Certain
Lots , Tracts or Parcels of Land in and at the Town of Atlantic
Beach, Duval County , Florida , by Virtue of the Contemplated Im-
proving of That Portion of Second Street in and at the Said Town ,
lying Between the Therein Designated ' ast coast Drive and Sherry
Drive ; ( 2) to make a Finding as to the Benefits Kstimated to
Fesult to the rublic at Large Because of said Proposed Improve-
ments; and (3) to File a Report of such Determination and
Finding. "
was placed on Third and Final Reading. upon completion of the
reading of the Ordinance , Mr. Fosborough moved its passage on
third and Final Reading, Mr. Trout seconded the motion and it was
unanimously passed.
Mr. hosborough introduced and moved the passage on •
first reading and Ordinance entitled,
"AN ORDINANCE Fixing the Building Regulations of the Town of
Atlantic Beach , Duval County , Florida ; providing for Appoint-
ment of a Huilding Inspector ; providing for the Issuance of
Permits and Providing for Enforcement Thereof" ,
Mr. Trout seconded the motion and it was passed on First
Reading. Mr. Rosborough moved that this Ordinance be pass-
ed on Second Reading , Mr. Trout seconded the motion and this
Ordinance was passed on Second Reading.
The following motion of Mr. Outler, seconded by Mr.
Trout was unanimously adopted:
BE IT RESOLVED BY THE TOWN COUNCIL OF ATLANTIC BEACH
that it do , and hereby does , direct and authorize U. F .
Frazier , Town Clerk of the Town of Atlantic Beach, to deliver
to C. C. Howell , Jr. , Town Attorney, for suit, copies from
the assessment roll thereof of assessments on the property of
Lydia Burch, Lot 7 , Block 8, John N. Martin, Lots 2, 4 and 6
Block 9, Victory investment Company, Henry Ellarby, Trustee ,
Lots 10, 20 and 21 , Block 9, Owner unknown, Lot 5, Block 22,
Owner Unknown, Lot 5, Block 23 , Owner Unknown, Lot 6, Block
23 , Owner Unknown, Nest 53 feet of Lots 7 and 8, Block 43 ,
Mandalay Corporation , Lots in Blocks 49, 50, 53, 54, 59, 60,
63 and 64, Frank Thompson, Lot 11 , Block 60 and Jess
Haralson, Lot 1 , Block 64.
The following motion of Mr. Outler, seconded by Mr.
Trout was unanimously adopted:
BE IT FESOLVED BY THE TOWN COUNCIL OF ATLANTIC BEACH
that it do, and hereby does , direct end authorize i. F .
Frazier, Town Clerk of the Town of Atlantic Beach, to deliver
to C. C. Howell , Jr. , Town Attorney, copies from the assess-
ment rolls thereof of assessments on the following property,
for collection without suit, C. E. Pelot, Lot 6, South 31 feet
of Lot 7 , Block 33, Julian Wood Jr. , Lots 14 and 16, Block 8,
J. B. Yerkes , Jr. , South Half Lot 4, Block 15, 0. P. Woodcock
Lots 5 and 6, Block 15 , M. W. Barwald, Lot 4, Block 15 , Lot 5
Block 25 , Mrs. Foy Kooker, Lot 4, Block 28, R. N. Perdue , Lots
1 , 2, 3, 9, 10 and 11 , Block 33, Mrs. Lula S. Colyer, Lot 6 ,
Block 44, Ida A. Clark , Lot 14, Block 10, Estate of Mrs . Rosa
M. Clarkson, part of Lot 1 , Block 20, Wm. P. Simmons , Lot 4,
Block 39.
There being no further co sideration, the
meeting was adjourned.
1 -*VINT*
'reels
Atlantic Beach Town Council
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Attest: �
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Town C erk
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