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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 �' Attest: � ,� Town C erk S